- (1.)The applicant has filed the instant revision under Section 397 read with Section 401 of Cr.P.C. against the order dated 3.2.2020 passed by the learned Special Judge (NDPS), Rewa (MP), in Special Session's Trial No.unregistered, whereby the application filed by the applicant under Sections 457 of Cr.P.C. for handing over the Bolero Jeep bearing registration No.MP-17-TA-3110 on supardginama has been dismissed.
(2.)The applicant is the registered owner of the vehicle bearing registration No. MP-17-TA-3110 that was seized in connection with Crime No.17/2020 registered at Police Station Mangawan, District Rewa, in respect of offence punishable under Sections 21 , 22 of the NDPS Act and Sec. 5/13 and 3/5 of Drugs Control Act . As per corresponding version, applicant was transporting 960 bottles of cough syrup in the aforesaid vehicle.
(3.)Learned counsel for the applicant has submitted that the applicant is the registered owner by the aforesaid vehicle. It is further submitted by the learned counsel for the applicant that there is no criminal antecedent of the applicant. It is further submitted that the said vehicle which is now kept in the police station, be released on supurdginama otherwise due to its non-use, the same would useless after sometime. There is no need to keep the said vehicle in custody. He further submitted that learned Special Judge (NDPS) committed mistake in rejecting the prayer of the applicant and not giving the said vehicle in custody.