Meena Shakya Prassi @ Meena Shkya Prassi v. State Of Bihar
2006-07-18
CHANDRAMAULI KR.PRASAD
body2006
DigiLaw.ai
Judgment 1. This revision is directed against the order dated 30.11.2005 passed by the Additional Sessions Judge, Fast Track Court No. IV, Motihari, East Cham-paran, in NDPS. Case No. 76 of 2005, whereby the prayer made by the petitioner for release of the vehicle has been rejected. 2. Maruti Car bearing registration No. Ba 1 Ja/5176 was seized in connection with NDPS case No. 76 of 2005. 3. Petitioner is a Nepali citizen, claiming to be the owner of the said vehicle filed application for its release. The learned Judge by the impugned order rejected his prayer on the ground that same is subject to confiscation under Section 60 of the NDPS Act.. 4. Mr. V.P. Sinha, Senior Advocate, appearing on behalf of the petitioner contends that confiscation proceeding shall commence only after the conclusion of the trial and as it will take long time, the vehicle in question shall lose its value, hence same is fit to be released on furnishing adequate surety. 5. Mr. Rakesh Kumar Singh, learned counsel representing the Union of India, however, contends that after the vehicle is released, the petitioner shall take the same to Nepal and its production shall become nearly impossible. Accordingly, he submits that this is not a fit case in which the vehicle deserves to be released in favour of the petitioner. 6. It is common ground that the value of the vehicle has been assessed at Rs. one lakh. 7. Having heard learned counsel for the party and taking into consideration the facts and circumstances of the case, I am of the opinion that no useful purpose shall be served in keeping the vehicle in open till the conclusion of the trial. It is well known that a trial will not conclude soon. Accordingly, I direct for the release of the vehicle to the satisfaction of the Additional Sessions Judge, Fast Track Court No. IV, Motihari, East Champaran in NDPS Case No. 76 of 2005 with the following conditions : (i) Petitioner shall deposit cash amount of Rs. one lakh in the Court of Additional Sessions Judge, Fast Track Court No. IV. (ii) He shall execute a bond that he shall produce the vehicle before the Court or such authority as directed by the Court. (iii) He shall also furnish two local surety of Rs. 50,000/- for production of the vehicle, whenever and wherever required by the Court.
one lakh in the Court of Additional Sessions Judge, Fast Track Court No. IV. (ii) He shall execute a bond that he shall produce the vehicle before the Court or such authority as directed by the Court. (iii) He shall also furnish two local surety of Rs. 50,000/- for production of the vehicle, whenever and wherever required by the Court. (iv) Petitioner shall not transfer the vehicle to any other person. 8. Accordingly, the impugned order is set aside and the application is allowed in the aforesaid terms.