Decided on April 02,2013

Pooran Singh Adhikari Appellant


Umesh Chandra Dhyani, J. - (1.) PRESENT criminal revision is directed against the judgment and order dated 22nd December, 2012, passed by learned Sessions Judge, Champawat, in Misc. Application No. 12 of 2012 in relation to a Special Trial under Section 18/20 NDPS Act arising from FIR No. 18 of 2012 State vs. Sunder Singh Bisht.
(2.) AN application for release of motorcycle in favour of the registered owner of the vehicle was filed in the Court of Sessions Judge/Special Judge, NDPS Act, Champawat, who was pleased to reject such an application. A first information report bearing case crime No. 18/2012 was instituted against accused Sunder Singh in respect of offences punishable under Section 18/20 NDPS Act. The trial against accused Sunder Singh Bisht was in progress. The contraband was seized from accused Sunder Singh Bisht and not from the possession of present revisionist, who happens to be the registered owner of the motorcycle Pulsar, UK 04 K 5519 and which motorcycle was being used by the accused when the narcotics substance was confiscated. Registration certificate of the motorcycle is also enclosed with the criminal revision. Registration certificate indicated that Pooran Singh Adhikari (revisionist) is the registered owner of the motorcycle. A copy of the driving license issued in favour of Pooran Singh Adhikari (revisionist) is also enclosed with the revision. Learned Special Judge rejected the application of the registered owner of the vehicle (revisionist) on the grounds, inter alia, that the registration certificate of the said vehicle was not filed and the driving license of the said accused was not presented. It may be mentioned here that the revisionist has filed a copy of the registration certificate of the said motor cycle along with the criminal revision before this Court. The said registration certificate is valid up to 11th May, 2026. A copy of driving license was also filed along with the revision to show that the driving license of Pooran Singh Adhikari was valid upto 16th February, 2013. The validity of said driving license has, however, not been extended thereafter.
(3.) IT was held by Hon'ble Supreme Court in Sundarbhai Ambalal Desai vs. State of Gujarat,, (2003 (1) JIC 615 (SC)), that whatever be the situation it is of no use keeping seized vehicle at the police stations for a long period so it is for the magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications to return of such vehicles. It was held by Hon'ble Allahabad High Court in Narendra Kumar vs. State of U.P.,, 1997 J.Cr.C. 746 (All.) that the vehicle should have been ordered to be released in favour of it's registered owner subject to fulfillment of the certain conditions by the said owner. This Court too is of the view that the motorcycle should have been released in favour of the registered owner subject to fulfillment of certain conditions.;

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