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2022 Supreme(MP) 1

DEEPAK KUMAR AGARWAL
Surendra Dhakad – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Amit Lahoti for applicant; Ramadhar Chaubey and G.P. Chaurasia, Public Prosecutors for respondent/State.

ORDER

1. This petition under section 482 of the Code of Criminal Procedure is directed against the order dated 18.6.2021 passed by learned 7th Additional Sessions Judge, Morena in Criminal Revision No. 33/2021 by which the petitioner’s revision under section 397 Cr.P.C. for grant of interim custody of the vehicle seized for commission of offence under section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short “the NDPS’”Act) has been rejected finding no merit.

2. The petitioner is registered owner of Tata Tigor Car bearing registration No. MP07-TA2281, which was found involved in the commission of offence punishable under section 8/20 of the NDPS Act. He filed an application under section 457 Cr.P.C. for interim custody of the aforesaid vehicle before learned Judicial Magistrate First Class, Morena which was rejected on 4.6.2021 against which he filed a revision before the 7th Additional Sessions Judge, which was also dismissed holding that since the vehicle in question is liable to be confiscated under section 60 of the NDPS Act, therefore, it cannot be directed to be released on interim custody.

3. Shri Amit Lahoti, learned counsel for the petitioner submits t

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