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Judgment
Anil Kumar Choudhary, J
Heard the parties.
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order taking cognizance dated 26.04.2023 passed by the Additional Sessions Judge-III, Latehar in connection with Balumath P.S. Case No.213 of 2018 corresponding to N.D.P.S. Case No.01 of 2020 registered for the offences punishable under Sections 15(C), 22, 29 of the N.D.P.S. Act whereby and where under the Additional Sessions Judge-III, Latehar rejected the prayer for release of the vehicle involved in transportation of Narcotic Drugs- 80 KG of Doda fruits on the ground; that the confiscation proceeding has been initiated in respect of the vehicle before the Deputy Commissioner, Latehar .
Learned counsel for the petitioner submits that the confiscation proceeding has been dropped but the same could not be brought to the notice of the learned Additional Sessions Judge-III, Latehar at the time of rejection of the prayer for release of the vehicle as the undisputed fact remains that it was not brought to the notice of the learned Additional Sessions Judge-III, Latehar that the confiscation proceeding of the said vehicle has been dropped.
Considering the facts of the case and the submissions made at the bar, this Criminal Miscellaneous Petition is disposed of with liberty to the petitioner to file a fresh application before the learned Additional Sessions Judge-III, Latehar for release of the said vehicle enclosing therewith the documents in support of contention that the confiscation has been dropped.
This Criminal Miscellaneous Petition is disposed of accordingly.