Court allowed Crl. M.A. 7926/2018 for exemption and allowed Crl. M.A. 7925/2018 permitting disposal of a Mahindra Scorpio vehicle. The vehicle was seized containing heroin.
Exemption granted; permission granted to dispose of the seized Mahindra Scorpio vehicle.
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versus
THE DIRECTORATE OF REVENUE INTELLIGENCE
..... Respondent Through Mr.Satish Agarwala, Sr. Standing counsel.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 19.07.2018
Crl. M.A. 7926/2018 (exemption)
Allowed, subject to all just exceptions. Application is disposed of.
Crl.M.A. 7925/2018 (permission to dispose of Mahindra Scorpio)
Appellants were travelling in Mahindra Scorpio bearing registration no.DL-7CC-8955. The seized heroin was found concealing in the vehicle. The vehicle was in the name of Raj Bala Gupta, 406-E, International Trade Tower, Nehru Place, New Delhi.
In para 6 of the application, it is mentioned that Raj Bala did not appear before the investigating authority. Summons were issued for Raj Bala (Ex.PW-3/R), however, she did not appear but she sent a reply
(Ex.PW-3/S) stating therein that she has sold the vehicle to one Sirajuddin for 3 lacs. After recording statements of various other witnesses including PW-13 (Onkar Singh) and PW-14 (Gaurav Mittal), vehicle in question was purchased by accused Gurudev Singh for 5,15,000/- on 04.05.2007.
Learned counsel for respondent submits that neither during the trial, anyone came forward nor even Gurudev has claimed the vehicle. Gurudev has already been convicted and his appeal has been dismissed on 03.11.2016.
Accordingly, I am of the view that there is no impediment in releasing for disposing of the vehicle by respondent. Let the vehicle be disposed of in accordance with law.
Application is disposed of.
A.K. PATHAK, J
JULY 19, 2018 ab
Mandeep Singh & Anr.
The Directorate of Revenue Intelligence
A.K. Pathak
As recorded by the court registry
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