Judgment · High Court
Case at a glance
Outcome
Dismissed
Accordingly, the petition stands dismissed
Provisions considered
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 20(b)(ii)(c), 29
Judgment
: Mr. P K. Ghosh, Adv. : Mr. R. Datta, PP HON’BLE MR. JUSTICE T. AMARNATH GOUD ORDER
Operative part
12.04.2022 It is a case of the petitioner that he is the relative of one Biswajit Das who is the accused in the present crime and the vehicle which was seized in connection with Mungiakami PS case No.2021/MGK/031 under Section 20(b)(ii)(c)/29 of NDPS Act, 1985 is not used for transporting and escorting narcotic drugs. The petitioner pleased that he is the relative of Biswajit Das who is in jail and filed this application seeking release of the vehicle no. TR-03-M-0235 (Hyundai Xcent Prime). Mr. R. Datta, learned PP appearing for the state-respondent placed on record before this court that the subject vehicle is not of one Prahallad Bhowmik but of Biswajit Das. As per the prosecution, Mr. Biswasjit Das has hired the vehicle from Mr. Prahallad Bhowmik on the date of offence. In view of the same, it is not a fit case to entertain since the petitioner herein is not the owner who is seeking release of the vehicle. On the sole ground that the petitioner is not the owner of the subject vehicle, the petition seeking release of the vehicle is liable to be dismissed. Accordingly, the petition stands dismissed. Dipak JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the petition stands dismissed
Which statutory provisions did this judgment involve?
Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 20(b)(ii)(c), 29.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.