Ved Prakash vs State Of Uttarakhand

Pankaj Purohit, J

By means of the present C528 application, the applicant has put to challenge the order dated 23.11.2024, passed by learned Special Judge, N.D.P.S.

in Misc. Release Application No.321 of 2024, “State of Uttarakhand Vs. Ved Prakashâ€, under Sections 8/15/60 of N.D.P.S. Act, 1985 registered

at Police Station Pulbhatta, District Udham Singh Nagar to release the Vehicle No. UP25-BP-2728 in favour of the applicant, claiming himself to be

registered owner of the vehicle.

Facts of the case as reflected from the FIR are that the aforesaid vehicle was intercepted by the Police and on search contraband (poppy husk)

was recovered from the vehicle and accordingly offence under the provisions of Sections 8/15/60 of N.D.P.S. Act, 1985 was registered against

occupant of car applicant â€" Ved Prakash.

Applicant â€" Ved Prakash is owner of the aforesaid vehicle and during trial he moved an application purportedly under Section 497 of B.N.S.S.,

2023 to the learned Special Judge, N.D.P.S. for release of the aforesaid vehicle

It was pleaded by the applicant in his application that he was owner of the aforesaid vehicle and the vehicle would diminish in its value by keeping it

in the police station, therefore, he wants his vehicle to be released on such terms and conditions fixed by learned Special Judge, N.D.P.S.

The said application of the applicant was rejected by the learned Special Judge, N.D.P.S. vide impugned order dated 23.11.2024.

It is against the aforesaid order, the petitioner is before this Court.

The reasoning which has been assigned by the Special Judge, N.D.P.S. in rejecting the release application appears to be fallacious as in the opinion

of learned Special Judge, N.D.P.S. the investigation was continuing and further the vehicle was purchased for personal use by the applicant.

The provision of Section 497 of B.N.S.S., 2023 which is similar to the provision of Section 452 of Cr.P.C., 1973 empowers a court/Magistrate

regarding disposal of the property or delivery of such property to such person who is entitled to get to possession thereof.

Since the applicant is the registered owner of the vehicle and he came forward to get the delivery of the aforesaid vehicle by making an application

to the court, the said application should have been allowed subject to terms and conditions as may be fixed by learned Special Judge, N.D.P.S.

In this view of the matter, the C528 application is allowed. Vehicle No. UP25-BP-2728 is directed to be released in favour of the applicant on his

executing personal bond and two local sureties each to the satisfaction of the court concerned and giving undertaking before the court concerned that

he would not sell the aforesaid vehicle, during pendency of the criminal trial and he would produce the vehicle as and when required.