THE HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO.226 OF 2024

ORDER:

This Writ Petition is filed praying this Court to declare the inaction of the respondents 1 and 2 to grant interim custody of the vehicle viz., Ashok Leyland Ltd., registration bearing No.OD10U8010, as illegal, arbitrary and unconstitutional.

2. The case of the petitioner is that the petitioner’s vehicle was seized in COR.No.42 of 2023, dated 09.09.2023 for the offence under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘the Act, 1985” for brevity). Questioning the said seizure, the petitioner filed an application under Section 451 read with Section 457 of the Code of Criminal Procedure on the file of the Court of the Metropolitan Sessions Judge, Hyderabad vide Crl.MP.No.134 of 2023. While dismissing the said application, the Court below has specifically observed as under:-

“Before going into the rival contentions it isrelevant to refer following observations of the Hon’ble High Court in Crl.Petition No.3718/2022, dt:21.4.2022. For ready reference the relevant paragraph is extracted hereunder:- “the applications for the interim custody of the vehicle