MD. SADDAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The present Cr. Writ Petition has been filed by petitioner for quashing the order dtd. 30/11/2021 passed in N.D.P.S. Case No. 34 of 2020 arising out of Mithanpura P.S. Case No. 85 of 2020 by which, the application for release of Bajaj Pulsar motorcycle bearing registration No. BR06BH-5976 has been rejected.

(3.) Learned counsel for the petitioner submits that the above said motorcycle has been admittedly seized in the said case and is lying unattended in the premises of Police Station, due to which its value is deteriorating day to day and it shall be of no use in case the motorcycle shall not be released for a long period. The petitioner is ready to abide by all conditions imposed by the Court. Learned counsel relied on a judgment in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in (2002) 10 SCC 290 : 2003 (4) PLJR (SC) 244 as well as relied on the case of General Insurance Council and others Vs. State of Andhra Pradesh and others and others reported in (2010) 6 SCC 768. He further submits that D.T.O. report has been received before the trial court by which it is crystal clear that the said vehicle bearing registration No. BR06BH-5976 lies in the name of petitioner and this fact has also came in the report of Police of Mithanpura P.S. by letter No. 1818 dtd. 5/9/2021. It has also come that no communication was made from the office of Collector, Muzaffarpur, as such, the proposal of forfeiture/ confiscation of the aforesaid motorcycle is yet not been started.