JUDGMENT
R.S. Chauhan, J.
1. The petitioner has challenged the order 30.9.2005 passed by the learned Sessions Judge, Dholpur whereby he has rejected the application of the petitioner to release the truck involved in an offence under Section 8/15 N.D.P.S. Act.
2. The brief facts of the case are that on 11.9.2005 at about 8.30 p.m. while Shri Rajesh Pathak, S.I.S.H.O., Police Station Maina, District Dholpur, was on a patrolling duty at around 11.00 p.m. a truck bearing No. HR-38B-7875 was seen coming from Dholpur. When the truck was stopped some men and women found sitting at the back of the truck fled. When the truck was searched nothing was found in the truck. However, the police became suspicious about the truck. Some bags carried by the petitioners were found in the truck in which some poppy husk in a small quantity was discovered. Since, the persons carrying poppy husk were not carrying any licence, therefore, they committed an offence under Section 8/15 N.D.P.S. Act. Consequently, the truck was seized by the police.
3. The petitioner, who is the registered owner of the said truck, moved an application under Section 457 Cr.P.C. before the learned Sessions Judge, Dholpur for the release of the said truck. However, vide order dated 30.9.2005, the learned Sessions Judge dismissed the said application. Hence, this petition before us.
4. Smt. Sonia Shandilya, learned Counsel for the petitioner, has produced the original copy of the registration certificate of the truck which clearly indicates that the truck originally belonged to Rishi Pal Singh. The truck was transferred in the name of the petitioner Sant lal. The original copy of the policy bears the signature and seal of the District Transport Officer, Faridabad (Haryana) which clearly indicates that the truck is now owned by the petitioner as he is the registered owner of the said truck.
5. In catena of cases, this Court has held that no fruitful purpose is served in keeping the vehicle at police station. Therefore, this Court has repeatedly directed that the vehicle be handed over back to the registered owner. This view has been expressed in the case of Raj Kumar v. Union of India 2001 (2) RCC 1370, wherein this High Court handed the possession of the jeep to the registered owner and had held that under Section 60 of the N.D.P.S. Act, the jeep can be confiscated only after the offence is proved.
6. Keeping in view, the Judl. decision of this Court, we are of the firm opinion that the truck in question should be handed over to the petitioner. While allowing this misc. petition, we directed the S.H.O. Police Station, Mania, District Dholpur to hand over the possession of the truck to the registered owner, the present petitioner within seven days from the date of receipt of the certified copy of this order. However, the petitioner is directed not to sell, mortgage or transfer the said truck during the pendency of the trial and to produce the truck as and when called for by the learned trial Court.