Disposed

Everest Fleet Private Limited v. State by Chikkajala Police Station

Karnataka HC19 Jan 2022CRL.RP/18/2021

Case brief

AI extract

What is this about?

A company filed a criminal revision seeking release of a car seized forNDPS offences after an application was dismissed. The court observed that such releases fall within theDrugs Disposal Committee's jurisdiction and disposed of the revision while allowing the petitioner to approach that committee.

What did the court decide?

Petitioner given liberty to approach the Drugs Disposal Committee for release of the vehicle; revision petition disposed of.

Everest Fleet Private Limited Vs State by Chikkajala… — Narcotics (NDPS) | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JANUARY, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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CRIMINAL REVISION PETITION NO.18 OF 2021

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BETWEEN:

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Everest Fleet Private Limited, No.57, 1^st Floor, Sahana Complex, Bhadrappa Layout, Kodagehalli Main Road, Bengaluru-560009. Represented by its Authorized Manager, Hemanth kumar.

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…Petitioner

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(By Sri Rakshith R., Advocate)

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AND:

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State by Chikkajala Police Station, Bengaluru-560024.

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…Respondent

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(By Sri Vishwamurthy, HCGP)

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This Criminal Revision Petition is filed under Section 397 of Cr.P.C., praying to set aside the order dated 26.11.2020 passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases, Bengaluru in Cr.No.88/2020 and order for release the vehicle Seized by the respondent in Cr.No.88/2020 with P.F.No.44/2020.

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This Criminal Revision Petition coming on for admission through video conferencing this day, the Court made the following:

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:: 2 ::

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ORDER

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Heard the petitioner’s counsel at the time of admission. Learned High Court Government Pleader is permitted to file memo of appearance on behalf of the respondent-State.

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The petitioner is a company running cars on hire basis. Since the driver of the car bearing Reg.No.KA-53/AA-0380 was found transporting 3kgs of Ganja, the car was seized.

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The company made an application under Section 451 and 457 of Cr.P.C., before the Magistrate for release of the car. But the said application was dismissed. Though the learned Magistrate has given reason that the vehicle used for commission of offence is necessary for identification purpose at the time of trial, it has to be stated that whenever any property is seized in connection with the offence under the provisions of Narcotic Drugs and Psychotropic Substances

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:: 3 ::

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Act, 1985, a separate committee called Drugs Disposal Committee (DDC) has been constituted to consider the applications of this type. Therefore, the petitioner is given liberty to approach the said committee seeking release of the car. With these observations, revision petition stands disposed of .

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Sd/JUDGE

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Kmv/-

Everest Fleet Private Limited v. State by Chikkajala Police Station

Case brief

What is this about?

What did the court decide?

Everest Fleet Private Limited v. State by Chikkajala Police Station

Case brief

What is this about?

What did the court decide?

What the court decided

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