1 2025:CGHC:9453 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 362 of 2025 1 - Aftab Ahmed @ Chunnu S/o Navi Mohammad Aged About 32 Years R/o Near Masjid Ground, Podi Police Station- Podi, District- M.C.B. ( C.G. ). ... Appellant(s) versus 1 - State Of Chhattisgarh Through- Police Station- Podi, District- Korea ( Now District- Manendragarh- Chirmiri- Bharatpur ) (C.G. ). ... Respondent(s) For Appellant(s) : Mr. Dhirendra Prasad Mishra, Advocate For Respondent(s) : Ms. Laxmeen Kashyap, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 24/02/2025 1. The present Criminal appeal is filed by the appellant under Section 500 of BNSS, 2023 against the findings recorded in para 47 (B) of the impugned judgment dated 14.03.2024 passed by the Special Judge, NDPS Act, Baikunthpur, District-Korea (C.G.) in Special Criminal Case (NDPS) No. 05/2023 whereby though the 2 appellant was acquitted but confiscation order has been passed regarding the seized vehicle Hero Passion Pro, Motorcycle No. CG 16 CM 6425. 2. Brief facts of the case is that on 02.02.2023 at about 17:05 the informer informed to the Police Station-Podi, District-Korea (C.G.) that the appellant along with co-accused Ibarat Ali have jointly transported the Drug Injection, 20 pieces Ampul of 2 ml of Buprenorphine and 20 pieces ampul of 10 ml of Avil Buprenorphine were transporting through the Motor Cycle No. CG 16 CM 6425. After completing all procedures of NDPS Act offence under Section 22(C) of NDPS Act has been registered against the appellant alongwith co-accused namely Ibarat Ali and the accused were arrested by the concerned police. After completing the investigation, the charge sheet has been filed and after framing the charge the trial proceedings has been conducted. On 14.03.2023 Special Judge, NDPS Act, Baikunthpur, District-Korea (C.G.) in Special Criminal Case (NDPS) No. 05/2023 has passed the judgment and acquitted the appellant along with co-accused namely Ibarat Ali. 3. Learned counsel for the appellant contended that the judgment passed by the learned Special Judge is perverse, erroneous, contrary to law and not sustainable in eye of law. The appellant is the owner of the said vehicle Hero Passion Pro, Motorcycle No. CG 16 CM 6425. The appellant was in jail from 03.02.2023 to 14.03.2024, therefore he could not claim for the said vehicle. 3 4. Learned counsel for the State contended that the trial court has passed the order after completion of thorough investigation. Therefore, the order passed by the trial court is true and correct. 5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. Perusal of record shows that the present appellant and co- accused Ibarat were arrested by the police of Police Station-Podi, District-Korea (C.G.) for the offence under Section 22(C) of NDPS Act on 02.02.2023. After completing the investigation, the charge sheet was filed and charges were framed. After completion of trial on 14.03.2023 Special Judge, NDPS Act, Baikunthpur, District- Korea (C.G.) acquitted the present appellant and co-accused Ibarat Ali in Special Criminal Case (NDPS) No. 05/2023. But the Learned Trial Court in para 47 (B) of its judgment dated 14.03.2024 has mentioned as under: “47 ब- जप्त हीरो पैशन मोटर साइकिल क्रमां सीजी 16 सी एम 6425 ा किधिपूर्ण स्ाकिमत् ा ोई दाा नहीं किया गया है, अत: उक्त ाहन राजसात किया जाता है। अपील होने ी स्थिस्-धित में उक्त जपत्शुदा संपत्ति1यो े संबं में माननीय अपीलीय न्यायालय े अनुसर किनराृ त किया जाे।" 7. The present appellant presented copy of seizure memo, letter dated 18.04.2023 and vehicle particulars collectively which is marked as Annexure A/2. Perusal of the documents shows that said vehicle no. CG 16 CM 6425 is registered in the name of Aftab Mohammad (present appellant) S/o Navi Mohammad. 8. In the considered opinion of this Court, prima facie evidence shows that the present appellant is the registered owner of the 4 said vehicle. Since the appellant was in jail from 02.02.2023 till the date of judgment i.e., 14.03.2023, therefore, he could claim for the alleged vehicle. 9. Therefore, para 47(B) of the judgment dated 14.03.2023 passed by the Special Judge, NDPS Act, Baikunthpur, District-Korea (C.G.) in Special Criminal Case (NDPS) No. 05/2023 is hereby set aside and it is directed that the vehicle bearing no. CG 16 CM 6425 be released in favor of the present appellant. 10. Accordingly, the present Criminal appeal stands allowed. SD/- (Arvind Kumar Verma) JUDGE Madhurima