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2025 Supreme(Online)(MP) 2915

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE ACHAL KUMAR PALIWAL, J
Ramesh Prasad Soni – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Vidya Prasad,Advocate General

ORDER

With the consent of the parties, heard finally at motion stage. This petition has been filed under Section 528 of BNSS assailing order dated 19.02.2025 passed by Special Judge (NDPS Act), in SCNDPS No.55 of 2024 District - Katni, whereby, the petitioner's application for releasing Motorcycle bearing registration No.MP-54-ZB-4914 has been dismissed.

2. Learned counsel for the petitioner submits that he is registered owner of vehicle Motorcycle bearing registration No.MP-54-ZB-4914. Aforesaid vehicle has been allegedly seized by the police in Crime No.462 of 2024, Police Station Dhimarkheda District-Katni under Section 8/20 of NDPS Act. On above grounds, it is urged that order passed by the trial Court be set aside and vehicle Motorcycle bearing registration No.MP-54-ZB-4914 be released and given on Supurdagi.

3. Learned Government Advocate for the State has opposed the application.

4. Heard learned counsel for the parties and considered rival submissions made hereinabove and has also gone through the record of the case. Relevant provisions of law of NDPS Act:-

5. Before discussing the issues involved in the case, it would be appropriate to refer relevant provisions of law which are

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