Abdul Kalim vs State of Tripura - 2022 Supreme(Tri) 213

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Tri) 213

S. G. CHATTOPADHYAY
Abdul Kalim – Appellant
Versus
State of Tripura – Respondent

Advocates appeared:
Mr. S.Lodh, Advocate., for the Petitioner; Mr. Ratan Datta, PP., Mr. S. Debnath, Addl. PP., for the Respondent

JUDGMENT

1. By means of filing this application under Section 482 of the Code of Criminal Procedure, 1973, owner of the offending vehicle has sought for quashing the order dated 29.07.2022 passed by the learned Special Judge (NDPS), Sepahijala District, Bishalgarh in case No. Special (NDPS) 16 of 2022 whereby the learned Special Judge has declined to release the offending vehicle in favour of the owner.

2. The owner has sought for release of the vehicle on the ground of his innocence claiming that he had no idea about the misuse of his vehicle by the driver.

3. On behalf of the prosecution, it was submitted before the learned trial court that an extra chamber was made in the cabin of the vehicle for concealing the contraband which was not possible without the knowledge and connivance of the owner. The learned PP, therefore, argued before the trial court that owner's plea of innocence was not at all believable. The learned trial court having considered the facts and given circumstances of the case rejected the claim of the owner with the following observations:

'Having regard to the facts and circumstances, submissions of both the sides and the fact that there was an extra secret chambe