It is submitted by learned counsel for the revisionist that revisionist is registered owner of car bearing no.UP65/CR1538 and it was never used for transportation of Ganja. There was no independent witness of the alleged recovery of Ganja. The search and seizer has been made by the police party in violation of mandatory provisions of N.D.P.S. Act. Nothing has been recovered from the possession of revisionist or from the car of the revisionist and a false recovery has been shown by the police party. The application moved by the revisionist for release of vehicle was rejected by the learned Incharge Additional Sessions Judge, F.T.C./C.A.W., Sonebhadra vide order dated 15.4.2023 merely on the ground that police has not submitted any charge-sheet in this case and investigation is still going on. It is further submitted that police after investigation has submitted charge-sheet and criminal case is pending and there is no chance of early disposal of trial. The car of the revisionist is detained in police station since 1.1.2023 and more than eleven months have been passed, the vehicle is lying in open yard of police station. It is further submitted that the revisionist is registered owner of the car and the registration certificate has been annexed as Annexure-3 to the affidavit filed in support of criminal revision. There is no dispute regarding ownership of the car. Lastly, it is submitted that if the vehicle of the revisionist is detained for such a long period in police station, the condition of the car will be deteriorating day by day. The revisionist undertakes that he will not sell out the car in question during the pendency of trial and will produce the same before the trial court as and when the trial court requires.
