Kasim vs State Of Uttarakhand & Another

N.S. Dhanik, J

By way of present criminal misc. application, moved under Section 482 of Cr.P.C., applicant seeks to quash the impugned order dated 01.09.2020,

passed by learned 1st Additional Sessions Judge/ Special Judge N.D.P.S. Act, Roorkee, District Haridwar pursuant to Crime No.432 of 2020, under

Sections 8/15/60 of N.D.P.S. Act, registered at P.S. Kotwali-Laksar, District-Haridwar as well as a direction to the respondents to release the

Vehicle (Maruti Swit Desire car) bearing registration no. U.K. 08 TA-5844, Engine No.294089, Chasis No. MA3FJEB1S00A23966 to the applicant.

Brief facts of the case are that on 31.07.2020, the police while on patrolling duty intercepted the aforementioned car of the present applicant and

also shown to have recovered 10 Kg poppy straw from the boot of the car. The vehicle was also taken into custody. Thereafter, the applicant moved

an application for release of the vehicle claiming him to be owner of the vehicle. By the impugned order, the learned Court below rejected the

application under the provisions of Section 60 (3) of the N.D.P.S. Act.

It is argued by learned counsel for the applicant that the present case is squarely covered by the judgment rendered by the Co-ordinate Bench of

this Court on 22.04.2019 in C-482 No.289 of 2019, “Jabir Hasar Vs. State of Uttarakhandâ€​.

Learned counsel for the State admitted the fact that the matter is squarely covered by the judgment rendered by the Co-ordinate Bench of this

Court in similar matter.

Hear learned counsel for the parties and perused the entire material on record.

In view of the submissions of learned counsel for both the parties and considering the fact that the case is squarely covered by a judgment rendered

by the Co-ordinate Bench of this Court on 22.04.2019 in C-482 No.289 of 2019, “Jabir Hasar Vs. State of Uttarakhandâ€, this Court is also of the

view that learned Court below should have released the vehicle after imposing certain conditions. Hence, the impugned order dated 01.09.2020 is

liable to be quashed.

Accordingly, the present criminal misc. application filed under Section 482 Cr.P.C. is allowed and the impugned order dated 01.09.2020 is quashed.

The matter is remitted to the Court below to pass order afresh within fifteen days from the date of production of a certified copy of this order.

Pending applications, if any, also stand disposed of accordingly.