RADHA DEVI MISHRA Vs. STATE OF U.P.
LAWS(ALL)-2013-2-5
HIGH COURT OF ALLAHABAD (FROM: LUCKNOW)
Decided on February 08,2013

Radha Devi Mishra Appellant
VERSUS
STATE OF U.P. Respondents


Referred Judgements :-

SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

- (1.)Challenge in this petition under Section 482 Criminal Procedure Code (for short 'Cr.P.C.) is the order dated 18.10.2011 passed by Addl. Sessions Judge, Court No. 1, Raebareli rejecting the application of petitioner for release of the motorcycle having registration No. UP 32 DC/9335, in Misc. Case No. 13 of 2011, arising out of Case Crime No. 680 of 2011, under sections 8/21/22/23 Narcotic Drugs and Psychotropic Substances Act, 1984 (for short 'NDPS Act'), Police Station - Lalganj, District - Raebareli
(2.)I have heard learned counsel for the petitioner and learned A.G.A. and also perused the record.
(3.)For deciding this petition the facts in brief are that when the petitioner's son Rahul Mishra alongwith his friend Anshu Tiwari were going to village Bahuwa, P.S. Lalauli, District - Fatehpur, contravened articles were recovered by the police from the pocket of both the accused. They were arrested alongwith motorcycle in connection with case Crime No. 680 of 2011, under sections 8/21/22/23 NDPS Act, Police Station - Lalganj, District - Raebareli. The mother of accused Rahul Mishra moved an application for release of vehicle before the trial court but the court passed impugned order dated 18.10.2011 rejecting the application.


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