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1 - 10 of 11 (0.22 seconds)The Code of Criminal Procedure, 1973
Section 60 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 451 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 36C in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Sunderbhai Ambalal Desai vs State Of Gujarat on 18 November, 2002
8. In view of the above, the impugned order passed by the learned
Special Judge (NDPS), Jashpur is hereby set aside. Since it is the
case of the petitioner that he is the registered owner of the vehicle in
question and it was being used in the commission of offence and he is
said to have given the said vehicle has been used for transporting
Alumina Power, but the accused has used it for the commission of
alleged offence, the petitioner is entitled for interim custody of the
vehicle. The matter is remitted to the Special Judge (NDPS) to pass
order on the interim custody of the vehicle to the petitioner within 10
days from the date of production of certified copy of this order as per
the decisions of the Supreme Court in Sunderbhai Ambalal Desai
(supra) and in the matter of Ashok Kumar v. State of Bihar and
others. The Special Judge may impose certain reasonable conditions
for the ultimate production of the vehicle in question during trial. And
the vehicle is directed to be released to the petitioner on the following
conditions:-