Lal Babu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42720 of 2015 Arising Out of PS. Case No.-31 Year-2010 Thana- MADHWAPUR District- Madhubani ====================================================== Lal Babu Yadav Son of Moti Lal Yadav resident of Dyahi, P.S. -Rahika, District - Madhubani.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav For the Opposite Party/s :
Mr.A.A.Khan App ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-04-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.
Learned counsel for the petitioner is permitted to add the Union of India as opposite party no. 2 and the same will serve a copy upon learned Additional Solicitor General of India as well as learned counsel for the State of Bihar and both shall file counter affidavit on or before next date of hearing. The learned Additional Public Prosecutor has filed a status report which is taken on record.
Learned counsel for the petitioner submits that the trial of the petitioner is concluded and he has been convicted. If the petitioner has been convicted, the vehicle which has been used for smuggling Ganja, cannot be released. It is for the prosecuting agency, the Union of India to decide as to
Patna High Court CR. MISC. No.42720 of 2015(4) dt.10-04-2023 2/2 whether the vehicle should be confiscated under the N.D.P.S. Act or not.
With the aforesaid observation and direction this application is disposed of.
Let a copy of order by communicated to Superintendent of Police, Madhubani for necessary action. The Superintendent of Police, Madhubani is directed to act in accordance with the law laid down by Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat (2002) 10 SCC 283 and he will see to it that all the vehicle lying seized under his jurisdiction which are not required for trial are auctioned at the earliest. (Sandeep Kumar, J) Sunnykr/- U