Sunil Kumar Garg, J. - (1.) This petition under Section 482 Cr.PC. has been filed by the petitioner Ganesh Lal on 27.4.2004 against the order dated 20.4.2004 passed by the learned Special Judge, NDPS Cases, Chittorgarh by which the learned Special Judge rejected the application of the petitioner for giving a Tata s Mobile No. DNC 1627 (hereinafter referred to as 'the Vehicle') to the petitioner on Supurdginama.
(2.) It arises in the following circumstances: (i) That on 4.9.2002 an FIR was lodged in Police Station Chanderia, District Chittorgarh to the effect that the SHO. PS. Chanderia received a secret information that accused Shambhoo, Madan, Sattu and Balu were coming in the vehicle and wanted to go towards Gogunda and in that vehicle there was contraband Popi Husk. It was further stated in the FIR that as per information on 5.9.2002, the vehicle came and it was stopped and 7 bags of Popi Husk were recovered and during proceedings of search and seizure, the police also seized the abovesaid vehicle. (ii) That the accused Shambhoo was got arrested and the rest of the accused could not be arrested and a challan was filed in respect of the accused Shambhoo and the investigation under Section 173(8) of Cr.P.C. was pending against some other accused persons. (iii) That after the trial, accused Shambhoo was convicted and sentenced by the learned Special Judge, NDPS Cases, Chittorgarh through his judgment and order dated 24.3.2004. (iv) That on 25.3.2004, the present petitioner filed an application under Section 457 Cr.P.C. before the learned Special Judge, NDPS Cases, Chittorgarh alleging that no doubt that the vehicle in question at the time when it was seized, belonged to one Amer Singh but thereafter the same was purchased by the petitioner and the same has been registered in his name. It was further stated that since the vehicle in question was lying at the Police Station and is being damaged, therefore, it may be handed over to him on Supurdginama. (v) That this application of the present petitioner was rejected by the learned Special Judge, NDPS Cases, Chittorgarh through his order dated 20.4.2004 inter alia holding that the owner of the vehicle in question was first one Amer Singh and thereafter it was sold to one Balu Ram and since 15.10.2003, the present petitioner has been shown as the owner of the vehicle in question and since the incident took place earlier to that date, therefore, the vehicle could not be handed over to the petitioner on Supurdginama. (vi) That aggrieved from the order dated 20.4.2004, the present petition has been filed by the petitioner and his main case is that since he is the registered owner of the vehicle in question, therefore, it should have been released to him.
(3.) I have heard and perused the case file.;