The Magistrate/Special Judge, NDPS Act has the power to consider the application for the interim custody of the vehicle under the provisions of Section 451 and 457 of Cr.P.C.

JUDGMENT :

SHIV SHANKER PRASAD, J.

1. Heard Sri Ashvani Tripathi, learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.

2. The present criminal revision has been preferred by the revisionist Shams Tavrej against the order dated 15.09.2021 passed by Additional Sessions Judge/Special Judge (N.D.P.S. Act), Court No. 16, Deoria in Criminal Misc. Case No. 255 of 2021 (State vs. Dharmendra Tiwari and Others), arising out of Case Crime No. 06 of 2021, under Sections 8/20/29 N.D.P.S. Act, Police Station Deoria, District Deoria whereby the application of the revisionist for release of Bolero No. UP 52 AS 0586 has been rejected.

3. The prosecution case in short is as under:

A specific information received on 29.01.2021 at about 16.30 hours through reliable sources has been received by the Narcotics Control Bureau Lucknow (for short “NCB”) on 29.01.2021 at 17.00 hours that two persons namely Dharmendra Tiwari S/o Late Subhash Tiwari and Rafeeq Ansari (driver) S/o Mustaq Ansari would reach to rental room of Govind Pandey for supplying 200-250 Kg. of ganja approximately by Bolero Car bearing Registration No. UP 52 AS 0586. The said Ganja consignment was to bring by Govind Pandey from Itanagar (Arunachal Pradesh) itself in any truck container which would be changed on the way and transported by Bolero Car to his rental house. On receiving the said information, the NCB requested the Station House Officer, Police Station Kotwali District Deoria to provide the police team for association. The NCB team with police team proceeded further to take action at 13.45 hours and requested Srii Ram Kripal and Sri Sharma Prasad and apprised them with the information available with the team and requested to remain present as independent witnesses for entire search-cum-seizure procedure. After that the NCB team along with police personnels and independent witnesses reached at Mahuaani Road near Navjeevan Jyoti School Sonughat Chauraha, P.S. Kotwali Deoria, District Deoria at 14.00 house on same day and noticed that a Bolero Car bearing Registration No. UP 52 AS 0586 was standing there and two persons were there with the packets of plastic bag. The team members introduced themselves and showed their departmental identity card and the purpose for interception. On being asked, both persons disclosed their names as Dharmendra Tiwari and Rafeeq Ansari, who were informed that their personal search under Section s 50 of NDPS Act, 1985 (as amended) would be conducted prior to sear the bolero vehicle. In pursuance of their request, Smt. Nishtha Upadhyay (C.O. City Deoria) was requested to conduct their personal search in her presence. Nishtha Upadhyay C.O. reached on the spot and personal search of both persons were conducted in her presence, but neither any Narcotic drugs/Psychotropic substance nor any incriminating documents/items were recovered from them. After this packets wrapped with plastic bag which was kept in Bolero Car were unloaded from the bolero car and counted as total 22 packets. All packing material packed in the plastic gunny bag and marked as “M.” Thereafter all packets were weighed and marked as P-1 to P-22. The total weight of all packets was 225 Kg. The bolero car bearing Registration UP 52 AS 0586 used illicit trafficking of Ganja was seized under Section 60(3) of NDPS Act 1985 and entire 225 Kg Ganja has been seized under Section 22 of NDPS Act, thereafter the NCB departmental seal No. 20 was used in this search-cum-seizure procedure and arrested the accused Dharmendra Tiwari and Rafeeq Ansari and prepared search-cum-seizure memo on 30.01.2021 in the presence of all officers of NCB team and Police team as well as independent witnesses. Accordingly a Case Crime No. 6 of 2021 under Sections 8/20/29 of NDPS Act has been registered against them.

4. On the basis of their statements and seized contraband, both persons were arrested for involvement in the trafficking of Ganja and thereafter their voluntary sta