IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 :BEFORE:
THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRL.RP. NO.889/2017 BETWEEN:
MR. RAJKUMAR CHOUDHURI, S/O RAMACHANDRA CHOUDHURI, JIRINGPADA, HATPADA, PHULBANI TOWN, PHULBANI, KANDHAMAL, ODISHA-762 001 … PETITIONER (BY SRI. CHAITANYA S. G., ADV.) AND:
STATE OF KARNATAKA, REP. BY MICO LAYOUT POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001 ... RESPONDENT (BY SRI. NASRULLA KHAN, HCGP) THIS CRL.RP. IS FILED U/S 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT (CCH-33) DATED 07.02.2017 IN CR.NO.420/2016 PRODUCED AT ANNEXURE-C,ETC..
THIS CRL.RP. COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP appearing for the respondent –State. Perused the records.
2. The petitioner appears to have filed an application under Sections 451 and 457 of Cr.PC. for release of the vehicle bearing No.OR-02-BL-4444 seized in Crime No.420/2016 on the file of the MICO Layout Police Station in connection with the offence under Section 20(B)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1986 (for short, ‘NDPS Act’).
3. On perusal of the order dated 8.2.2017 passed by the trial Court viz., XXXIII ACC & SJ and Spl. Judge (NDPS), Bengaluru, in CIS CR.425/2016, it is seen that the trial Court rejected the prayer, as the investigation is still in progress; the complete materials are not available to the court and the Investigating Officer has to ascertain the original records pertaining to the seized vehicle etc..
4. Now the learned counsel for the petitioner submits that the charge sheet has already been filed and he may be permitted to file fresh application for release of the said vehicle. Under the above circumstances, there is no legal impediment to grant such prayer. Hence, the following:
ORDER The petition is disposed of with liberty to the petitioner to file an application under Section 457 of Cr.PC. afresh before the trial Court. If any such application is filed, the trial Court has to look into the entire charge sheet papers and after obtaining opinion of the Investigating Officer, it has to pass appropriate order on such application, in accordance with law, without being influenced by its earlier order.
Sd/-
JUDGE KGR*