AI Structured Summary
Not yet generated for this judgment
Judgment
Rule.
Mr. Ratan Datta, learned Public Prosecutor waived Rule on behalf of the respondent.
Petitioner's car Hyundai i10 has been seized by the police authorities in relation to an FIR which was lodged on 01.03.2021 involving offences punishable under Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act, for short). The petitioner had applied for release of the vehicle which application has been rejected by the courts below. Hence, this petition.
Learned counsel for the petitioner submitted that the petitioner was not travelling in the vehicle when the alleged incident took place. From the vehicle also no contraband goods have been found. As per the investigating agency, .170 milligrams of heroin was found from one of the passengers in the vehicle. Counsel submitted that a relative of the petitioner had borrowed the vehicle for a private tour to Unakoti during which visit the friend of the relative is alleged to be found with the said contraband goods. He submitted that as per the NDPS Act, 5 grams of heroin is defined as small quantity. The heroin seized from the passenger is also way below the small quantity.
In addition to the above factors highlighted by the counsel for the petitioner, it can also be noted that the trial may take a long time to complete. Detaining the vehicle till the trial is over would only deteriorate the condition of the vehicle.
Under the circumstances, let the vehicle in question be released to the petitioner on his executing a bond of Rs.2,00,000/- with one surety of the like amount to the satisfaction of the concerned authorities subject to the following conditions :
(i) The petitioner shall not sale or transfer the same till the completion of the trial.
(ii) The petitioner shall produce the vehicle before the Court as and when directed.
(iii) Maintain the vehicle in the proper condition.
(iv) A panchnama of the vehicle and its condition be made before releasing.
Petition is disposed of accordingly. Pending application(s), if any, also stands disposed of.