Neha Rao vs The State Of Madhya Pradesh
2022 Latest Caselaw 8075 MP

                                                                           1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                         BEFORE
                                                          HON'BLE SHRI JUSTICE VIRENDER SINGH
                                                                   ON THE 20th OF JUNE, 2022

                                                        MISC. CRIMINAL CASE No. 7682 of 2022

                                                Between:-
                                                NEHA RAO W/O SHRI SUNIL RAO , AGED ABOUT
                                                26 YEARS, OCCUPATION: NIL R/O WARD NO. 10
                                                PURANI BASTI RAJHA MOHALLA ANUPPUR
                                                DISTT. ANUPPUR (MADHYA PRADESH)

                                                                                                       .....PETITIONER
                                                (BY SHRI MAKBOOL KHAN - ADVOCATE)

                                                AND

                                                THE STATE OF MADHYA PRADESH THROUGH
                                                POLICE   STATION   SHAHDOL    DISTRICT
                                                SHAHDOL M.P. (MADHYA PRADESH)

                                                                                                     .....RESPONDENTS
                                                (BY SHRI CHANDRAPAL SINGH PARMAR - PUBLIC PROSECUTOR
                                                )

                                              This application coming on for admission this day, the court passed the
                                        following:
                                                                            ORDER

This petition under Section 482 CrPC has been filed by the petitioner

being aggrieved by rejection of her application for release of Scorpio Jeep bearing registration No.MP 65 BB 1040 which was seized by the police in connection with crime No.661/2021 for illegally carrying 120 Kg.Ganja; vide order dated 06.01.2022 passed in SC NDPS No.103/2021 by Special Judge, NDPS, District Shahdol.

Signature Not Verified SAN 2. The petitioner is registered owner of the vehicle and was present in the Digitally signed by ANAND KRISHNA SEN Date: 2022.06.21 11:40:58 IST jeep at the time of recovery and seizure.

3. Submission of the petitioner is that she runs her jeep as a public cab and the passengers hire her cab. The passengers were carrying their luggage and she was not aware about the contents of their luggage, therefore she may not be held responsible for illegally transporting cannabis allegedly seized from her vehicle.

4. In a specific query raised by the Court, learned counsel for the petitioner admitted that the vehicle is not registered as a public cab or taxi. He further could not point out anything to rebut the presumption enunciated under Section 35 and 54 of the NDPS Act.

5. The judgment referred to by the learned counsel for the petitioner

dated 13.01.2022 passed in MCrC No.38089/2021 (Surendra Dhakad vs. The State of M.P.), Gwalior Bench, does not help the petitioner.

6. In view of the aforesaid, there is no illegality, perversity or incorrectness in the order impugned. Therefore, no ground for interference is made out. Consequently, the admission is declined and the petition is dismissed.

(VIRENDER SINGH) JUDGE anand

Signature Not Verified SAN

Digitally signed by ANAND KRISHNA SEN Date: 2022.06.21 11:40:58 IST