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2024 Supreme(Online)(GAU) 7490

HIGH COURT OF GAUHATI
MRS. JUSTICE MALASRI NANDI, J
NUHU DAIMARI – Appellant
Versus
THE STATE OF ASSAM – Respondent


Advocates:
RAJU DEURI, MR. S K DEORI

ORDER

Date : 17.09.2024 Heard Mr. R. Deuri, learned counsel for the petitioner. Also heard Mr. B. Sharma, Additional Public Prosecutor for the State.

2. By filing this petition u/s 397/401/482 Cr.P.C . praying for setting and quashing the impugned order dated 31/05/2024, passed by the learned Special Judge, NDPS, Bishwanath, in Special NDPS Case No. 01/2023, u/s 20(b)(ii) (c)/27A/29 NDPS Act, 1985, whereby the custody of the vehicle bearing No. AS-12-X-0498 was rejected.

3. The learned counsel for the petitioner has submitted that the petitioner is the registered owner of the vehicle bearing No. AS12-X-0498, which was seized in connection with Gingia P.S. case no. 84/2022 u/s 20 (b)(ii)(c)/27 A/29 NDPS Act. Though it has been alleged that commercial quantity of ganja weighing 75 kgs were recovered from the vehicle of the petitioner but which is totally false.

4. It is further submitted that the petitioner purchased the said vehicle being financed by Mahindra & Mahindra Company and he is regularly paying the monthly installment. The vehicle has been lying in the open sky in the campus of Gingia Police Station and damaged day by day. Thus, the petitioner has been suffering great financi

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