Bakul Nama Vs The State Of Tripura

The petitioner is aggrieved by the order dated 27-042017 passed by the learned Special Judge, South Tripura, Belonia in P.R. Bari P.S. Case No.02/2017 rejecting the prayer of the petitioner for release of the seized vehicle i.e. Alto car bearing registration No.TR-03-B-0306 which was seized for allegedly carrying 498 bottles of phensedyl of different batches.

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I have carefully gone through the order of the trial court in rejecting the application for release of the seized vehicle. The trial is yet to be commenced. Under the circumstances, keeping the vehicle in the police custody will not get the desired result inasmuch as no constant care or maintenance is likely to be given to the seized vehicle. In my opinion, it will not be in the interest of either the police or the petitioner to keep the vehicle in the police custody.

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Under the circumstance, the learned Speical Judge, South Tripura, Belonia is directed to release the seized vehicle to the custody of the petitioner on his executing a Zimma Bond of ` 3,00,000 /-(rupees three lacs) only with one surety of the like amount to his satisfaction subject to the condition that the petitioner shall not transfer or alter the condition of the seized vehicle during the pendency of the criminal trial and produce the same before the trial court as and when called upon to do so.

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The petition is disposed of.

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Dipesh

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CRL PETN No.34/2017

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CHIEF JUSTICE

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Bakul Nama v. The State Of Tripura

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Bakul Nama v. The State Of Tripura

Case brief

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