ABDUL KALIM Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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S.G.CHATTOPADHYAY, J. -
(1.)By means of filing this application under Sec. 482 of the Code of Criminal Procedure, 1973, owner of the offending vehicle has sought for quashing the order dtd. 29/7/2022 passed by the learned Special Judge (NDPS), Sepahijala District, Bishalgarh in case No. Special (NDPS) 16 of 2022 whereby the learned Special Judge has declined to release the offending vehicle in favour of the owner.
(2.)The owner has sought for release of the vehicle on the ground of his innocence claiming that he had no idea about the misuse of his vehicle by the driver.
(3.)On behalf of the prosecution, it was submitted before the learned trial court that an extra chamber was made in the cabin of the vehicle for concealing the contraband which was not possible without the knowledge and connivance of the owner. The learned PP, therefore, argued before the trial court that owner's plea of innocence was not at all believable. The learned trial court having considered the facts and given circumstances of the case rejected the claim of the owner with the following observations:
'Having regard to the facts and circumstances, submissions of both the sides and the fact that there was an extra secret chamber made for carrying the contraband concealed in the seized vehicle and such a secret chamber could not have been made without the owner's direction or knowledge and that he did not comply with the notice of the I/O to appear while the case was under investigation, I do not believe that the owner was totally innocent or having no knowledge about the illegal use of the vehicle without his connivance, the prayer for release of the seized vehicle is hereby rejected.'
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