Court No. - 73
Case :- APPLICATION U/S 482 No. - 7417 of 2019 Applicant :- Islam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 16.01.2019 passed by Additional Sessions Judge, Court No. 1, Saharanpur in Case Crime No. 275 of 2018, under section 8/21 N.D.P.S. Act, Police Station- Behat, District- Saharanpur.
Learned counsel for the applicant submitted that an F.I.R. has been lodged against the applicant for alleged recovery of Rs. 3,50,000/- as well as 50 gram smack and 10 gram cocaine, in which ultimately the applicant was bailed out. It is next submitted that the applicant has moved an application before the court below for release of money in question i.e. Rs. 3,50,000/- which was rejected by the court below vide order dated 16.01.2019 on the ground that applicant was unable to demonstrate that the said money was not connected with the illegal sale of drugs. It is lastly submitted that a suitable direction may be issued to the court below to release the amount in question in favour of the applicant.
Learned A.G.A. has vehemently opposed the prayer of counsel for the applicant and submitted that there is no document annexed along with the application to demonstrate this fact that the said money in question was earned by selling the orchard of mango.
At this stage, learned counsel for the applicant submitted that applicant is ready to furnish security bond to the amount in dispute and requested that the court may pass order for releasing the said amount.
Considering the submission of learned counsel for the applicant, applicant is at liberty to file application along with surety of amount in question and in case any such application is filed, court below is directed to pass appropriate order in accordance with law within a period of one month from the date of filing of the application subject to satisfaction of surety offered by the applicant.
With the aforesaid observations, the application is disposed of. Order Date :- 26.2.2019 Sartaj