C482/895/2021
2021 Latest Caselaw 2229 UK

Office Notes, reports, orders or SL. proceedings or Date COURT'S OR JUDGES'S ORDERS No directions and Registrar's order with Signatures

C-482 No. 895 of 2021

Hon'ble N.S. Dhanik, J .

Mr. Karan Anand, learned counsel for the applicant.

Mr. Pratiroop Pandey, learned A.G.A. for the State.

The present criminal misc. application under Section 482 Cr.P.C. has been filed by the applicant to quash/set-aside the impugned order dated 16.06.2021 passed by Special Judge, NDPS Act, Haridwar in Case Crime No. 484 of 2021 for the offence punishable under Sections 8/20/60 of the NDPS Act, registered at PS Kotwali Haridwar whereby the learned trial court had dismissed the application of the applicant for the release of his vehicle (Bolero) bearing registration no. UK02- TA-1629 and prayed for the release of vehicle (Bolero) bearing registration no. UK02-TA-1629 in favour of the applicant.

Learned counsel for the applicant submits that the similar controversy for the release of vehicle under the NDPS Act has been decided by the coordinate Bench of this Court in Criminal Misc. Application No 368 of 2019, "Abhijeet Kumar v. State of Uttarakhand" decided on 10.04.2019, where the coordinate Bench of this Court had directed the trial court to release the vehicle.

Learned State Counsel has admitted that the present case is squarely covered by the aforesaid judgment.

Considering the submissions of learned counsel for the parties, the present criminal misc. application is disposed of finally with a direction that the matter be remanded back to the trial court to pass order afresh, in the light of the judgment passed by the coordinate Bench of this Court in Criminal Misc. Application No 368 of 2019, "Abhijeet Kumar v. State of Uttarakhand" decided on 10.04.2019, within four weeks from the date of production of certified copy of this order.

(N.S. Dhanik, J.)

05.07.2021 SB