Yugal Kishore Singh Navin vs The State Of Bihar
2023 Latest Caselaw 5406 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.21452 of 2019
      Arising Out of PS. Case No.-172 Year-2018 Thana- ALAMGANJ District- Patna
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Yugal Kishore Singh Navin Son of Late Ram Nandan Singh, Resident of Village-Meenapur Bazar Samity, East of Manik Complex, Haripur, Vaishali, P.S-Hajipur (Town), District-Vaishali at Hajipur.

... ... Petitioner/s Versus The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT Date : 18-10-2023

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

2. The learned counsel for the petitioner submits

that the present quashing application has been filed seeking

quashing of the order dated 30.05.2018 passed by the

learned Sessions Judge, Patna in Special Case No. 38 of

2018 arising out of Alamganj P.S. Case No. 172 of 2018

registered under Sections 20 and 22 of the N.D.P.S. Act,

whereby the petitioner's petition under Section 451 of the

Cr.P.C for release of Alto Car bearing Registration No.

JH.01K1561, Chassis No. MA3EYD81500451610 and

Engine No. F8DN3140273 which was seized, has been Patna High Court CR. MISC. No.21452 of 2019 dt.18-10-2023

rejected.

3. The learned counsel for the petitioner next

submits that the learned Trial Court while rejecting the

application for release of the vehicle relied heavily on

Section 60 of the N.D.P.S. Act. It is further submitted that

the vehicle seized is liable to be confiscated under Section

60 of the N.D.P.S. Act, yet by virtue of Section 36(c) of the

N.D.P.S. Act and Section 51 of the N.D.P.S. Act, the

provisions contained in Section 451 or 457(1) of the Cr.P.C.

would be applicable as none of the provisions of the

N.D.P.S. Act are inconsistent with the provisions of the

Cr.P.C. and hence in deserving cases, the right of interim

custody provided under Sections 451 or 457(1) of the

Cr.P.C. cannot be denied and if the vehicle is allowed to

remain in police station till the trial is not concluded, it will

be rendered waste and thus would be contrary to be decision

of the Hon'ble Supreme Court in the matter of Sunderbhai

Ambalal Desai vs. State of Gujarat reported in (2002) 10

SCC 283.

4. The learned counsel next submits that an

F.I.R. came to be instituted alleging therein that a secret Patna High Court CR. MISC. No.21452 of 2019 dt.18-10-2023

information was received by the informant that a white

colour Alto Car is standing at Hathia Bagan for a long time

in a suspicious condition, accordingly, the informant

reached the place of occurrence and in presence of two

independent witnesses, the car was searched when 16 kgs of

Ganja was recovered from the car packed in 8 bundles,

each bundle weighting 2 kgs of Ganja.

5. The learned counsel next submits that

petitioner is the owner of the vehicle and is not an accused

in the case and relies on an order of this Court vide order

dated 04.09.2023 passed in Cr. Misc. No. 41623 of 2023,

Kauleshwar Ray vs. the Union of India to submit that the

case of the petitioner is covered by the aforesaid judgment

of the Court in the case of Kauleshwar Ray vs. the Union of

India, it is next submitted that till date the vehicle in

question has not been confiscated and is still lying in the

police station.

6. The learned A.P.P. opposes the quashing

application.

7. Considering the submissions made by the

learned counsel for the petitioner and taking into Patna High Court CR. MISC. No.21452 of 2019 dt.18-10-2023

considering the order dated 04.09.2023 in Cr. Misc No.

41623 of 2023, the Court comes to a considered conclusion

that the vehicle deserves to be released, as such, the order

dated 30.05.2018 passed by the learned Sessions Judge,

Patna in Special Case No. 38 of 2018 arising out of

Alamganj P.S. Case No. 172 of 2018 registered under

Sections 20 and 22 of the N.D.P.S. Act, whereby the

petitioner's petition under Section 451 of the Cr.P.C seeking

release of his vehicle as recorded hereinabove, is hereby

quashed and the said vehicle is directed to be released on

the following conditions:-

(i) the petitioner shall furnish personal bond of Rs.

1,00,000/- (Rupees One Lakh) with one solvent surety in

the like amount to the satisfaction of the learned Trial

Court, thereafter the aforesaid car shall be handed over to

the petitioner on proving ownership of the vehicle;

(ii) whenever required by the competent court, the car

shall be produced on petitioner's expense at the place

directed;

(iii) at the time of release of the truck, the authorities

shall ensure to take note of the chassis number, engine Patna High Court CR. MISC. No.21452 of 2019 dt.18-10-2023

number and registration number of the car in presence of

the petitioner and obtain his signature and keep the same on

record;

(iv) the petitioner shall not alter or change the

condition of the car in any manner during pendency of the

case;

(v) the petitioner shall not create any third party right

over the said vehicle; and

(vi) in the event, all or any of the aforesaid conditions

are found to be violated, the respondent shall be at liberty to

move this Court for seeking modification of the order

passed by this Court releasing the vehicle.

(Satyavrat Verma, J) Nilmani/-

AFR/NAFR                NAFR
CAV DATE                N.A
Uploading Date          19.10.2023
Transmission Date       N.A