As without filing counter affidavit by the Respondent The High court of Patna quashed the order passed by the learned Additional Sessions Judge-III By taking the consideration of the petitioner
As without Filing Counter Affidavit by the Respondent The High Court of Patna Quashed the Order Passed by the Learned Additional Sessions Judge-III By taking the consideration of the petitioner
TITlE-Suresh Ray VS The State of Bihar
DECIDED ON–11/12/2023
+CR.MISC No.7147/2022
CORAM-HON’BLE JUSTICE SATYAVRAT VERMA
INTRODUCTION
As the present petition is for Quashing the order passed by the learned Additional Sessions Judge-lll corresponding to NDPS case whereby the learned Additional Sessions Judge III Motihari, rejected the application filed by the petitioner under section 451 of crpc for releasing the vechile which has been sized by the police and FIR instituted under section 395 and 412 of the IPC read with section 21 and 22 of the NDPS Act.
FACTS
As per the facts of the case Learned A.P.P states that in compliance of the order he requested the senior superintendent of police to file a counter affidavit but despite his best endeavour could not receive any instructions Whereas the learned council for petitioner states that petitioner is a transporter and his vechile was booked by one kesav singh for transporting the goods of the express logistics.Learned council also states that as the case has been instituted under the NDPS Act but then the petitioner has no concern with the allegations as alleged in the FIR nor he is an accused in the present case.Thw Goods of express logistics which were also seized has been released by the court of learned Additional District and sessions Judge-ll ,East champaran.Whereas the learned A.P.P for the state in absence of instruction is not in a position to rebut the submission of the learned counsel for the petitioner.
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court observation state that firstly The court will not wait for the senior superintendent of police to file respondent counter affidavit.As per the submission made by the learned counsel for the petitioner The order passed by the learned Additional Sessions Judge-lll corresponding to NDPS whereby application for seeking release which was dismissed is here by quashed and vechile is directed to the released on the following conditions and if all or any of the conditions are found to be violated the opposite party shall be at liberty to move this court for seeking modification of the order passed by this court releasing the vehicle.Accordingly the quashing application is allowed.
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