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Calcutta High CourtCRR/13/2021dismissed

Gopal Das v. The State (Through Ld. Public Prosecutor)

2021-11-09Hon'Ble Justice Rajasekhar Mantha1 pages

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT PORT BLAIR ...

CRR/13/2021 Gopal Das ... Petitioner Vs.

The State(through Ld. Public Prosecutor) ...

Respondent Mr.Arul Peter, Advocate ...for the petitioner Mr.Krishna Rao, Advocate ... for the State November 09, 2021 [GNC] Item No.9.

This Revisional Application is directed against an order dated 25th March, 2021 passed by the Additional Sessions Judge, North and Middle Andaman, Mayabunder. By the impugned order the application for return of the seized vehicle stated to have been involved in offences under the NDPS Act, was rejected.

It appears from the records that the Station House Officer has submitted a report that the vehicle is no more required in connection with the investigation or any other case in the police station. The court below held that the Station House Officer has no jurisdiction to submit such report since under the provisions of the NDPS Act, a vehicle seized and involved in the commission of an office under the NDPS Act, cannot be released.

This Court finds no infirmity in the impugned order. The Revisional Application being CRR No.13 of 2021 stands dismissed.

( Rajasekhar Mantha, J. )