Ajay Chandel vs State of Himachal Pradesh

Kuldip Singh, Judge

This petition is directed against the order dated 26.08.2011 passed by learned Sessions Judge(Special Judge), Shimla,in Case No. 64-S/4 of 2011. It has been submitted by learned counsel for the petitioner that Car HP-62A-0449 has been taken into possession by the police in FIR No. 125 dated 05.06.2011, registered at Police Station, West, Boileauganj. It has been submitted that there are in all four accused including the petitioner. The case against the petitioner and other accused is that 600 grams of ''Charas'' was recovered from the vehicle. The petitioner and other accused are on bail. It has been submitted that an application was submitted for release of the Car HP-62A-0449 which was rejected by learned Sessions Judge ( Special Judge), Shimla, on 26.08.2011, hence revision.

Heard. It has been submitted by learned counsel for the petitioner that in the Court below, the police has given no objection for releasing the vehicle in favour of petitioner. The petitioner is the registered owner of the car. The car is Maruti 800 CC 2009 Model. The learned Sessions Judge has refused to release the vehicle in view of Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, ( for short ''the Act''). The learned counsel for the petitioner has relied B.S.Rawant versus Shaikh Abdul Karim and another 1989 CriLJ 1998 and Ganesh Chandra Nayak Vs. State of Orissa, . He has submitted that even in presence of Section 60 of the Act, the Court has jurisdiction to release the vehicle u/s 457 Cr.P.C.

The learned Assistant Advocate General has opposed the petition and submitted that learned Sessions Judge has rightly rejected the application of the petitioner for releasing the vehicle. The car is involved in the commission of offence. It has been submitted by learned counsel for the petitioner that car is parked in an open place and the value of the car is deteriorating day-by-day. He has submitted that the petitioner is ready to furnish surety bond for releasing the vehicle. In the facts and circumstances of the case, the order dated 26.08.2011 passed by learned Sessions Judge ( Special Judge), Shimla, in Case No. 64-S/4 of 2011, is set-aside. The Car HP-62A-0449 is ordered to be released in favour of registered owner of the car on his furnishing solvent surety by executing a surety bond in the sum of Rs. 1,75,000/- to the satisfaction of Chief Judicial Magistrate, Shimla. The petitioner shall not alienate, transfer, enumber the car during the pendency of trial and shall produce the car in accordance with the directions of trial Court. The release of the vehicle shall abide by the final decision in the trial. The petition stands disposed of. A copy of the order be sent to learned Sessions Judge( Special Judge), Shimla.