- (1.)By way of this Petition, the Petitioner is questioning the legality and propriety of the order dtd. 30/9/2021 passed by the Special Judge, NDPS Act, Raipur, District Raipur in Special Criminal Case No.38/2021 whereby, the application filed by the Petitioner under Sec. 451 Cr.P.C seeking custody of the vehicle bearing registration No.CG-04/DF/6761, has been rejected.
(2.)Learned counsel for the Applicant submits that the vehicle is registered in the name of the Applicant and the copy of registration certificate of the vehicle has also been filed as the Petitioner is the registered owner of the said vehicle. He further submits that the trial Court has rejected the application in an arbitrary manner contrary to the principles laid down in the matter of Sunderbhai Ambalal Desai vs. State of Gujarat {(2002) 10 SCC 283}, therefore, the order impugned may be set aside and application for custody of the said vehicle may be allowed.
(3.)On the other hand, learned State Counsel while opposing the said application submits that since the consequential proceedings of the seized article are to be made as per the provision prescribed under Sec. 60 of the NDPS Act, therefore, the application for interim custody of the vehicle has rightly been rejected by the Court below.