Kasim vs State Of Uttarakhand & Another
2021 Latest Caselaw 132 UK

     IN THE HIGH COURT OF UTTARAKHAND AT
                   NAINITAL


     Crl. Misc. Application (C-482) No.608 of 2020


Kasim                                       ...      Applicant


                           versus

State of Uttarakhand & another ... Respondents

Mr. Bilal Ahmed, learned counsel for the applicant.
Mr. Pankaj Joshi, learned B.H. for the State.


Hon'ble 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.

2. 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.

3. 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 Uttarakhand".

4. 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.

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

6. 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 Uttarakhand", 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.

7. 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.

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

(N.S. Dhanik, J.) 12.01.2021

Sukhbant