GAFARKHAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. By consent of the learned counsel for the petitioner and the learned A.P.P. for the State, the Writ Petition is taken up for final hearing. The present Writ Petition arises out of the order dated 24/11/2014 passed by the learned Additional Sessions Judge, Vaijapur in Criminal Misc. Application No. 30 of 2014, by which the application filed on behalf of the present petitioner to release the property i.e. Verna Hyundai Car bearing registration No. MH-20-DJ-0314 on the Supurdnama of the petitioner, is rejected.

(2.) Crime No. 11-33/2014 is registered at police station Sillegaon, Taluka Gangapur, District Aurangabad for the offence punishable u/s. 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Admittedly, the present petitioner is not an accused in the said crime. The said crime is registered against (1) Babu Khanjsaph Khan @ Jani Khan and (2) Syed Ejaj Syed Ahemad. Both these accused persons are already in jail. The prosecution has already completed its investigation and charge sheet is already filed before the Special Judge.

(3.) Criminal Misc. Application No. 30 of 2014 was moved by the present petitioner, by which Verna Hyundai Car bearing registration No. MH-20-DJ-0314, Engine No. D4FCEM083538, Chassis No. MALCU41RLEM158869 model of 2014, which was seized in the same crime, be released to him since he is the registered owner of the said vehicle.