D.N.JOSHI, J. - (1.) THIS criminal miscellaneous petition is directed against the order dated 15.10.2001 passed by Special Judge, N.D.P.S. Cases, Jodhpur, by which he has refused to release the truck No. RNN 6212 on the ground that the same has been seized in connection with the offence under NDPS Act.
(2.) NOTICE was given to the Public Prosecutor. Heard Mr. Mangilal Bishnoi, learned Counsel for the petitioner and Mrs. Chandra Lekha, Public Prosecutor.
(3.) IT was argued by the learned Counsel for the petitioner that it cannot be a ground for refusing to deliver the vehicle, simply because the same has been seized in connection with the offence under the NDPS Act, which is liable to be confiscated. He has placed reliance on the following judgments in support of his contention: (1) Balmukund v. State of Rajasthan 1994 Cr. L.R. (Raj.) P. 4 (2) Khema v. State of Rajasthan 2000 Cr.L.J. P. 2079 (3) Balvinder Singh v. State Cr.L.R. (Raj.) 1998 P. 47 (4) Vijay Kumar v. The State of Raj. 2001 Cr.L.R. (Raj.) P. 273. All the judgments cited above are related to seizure of vehicle in connection with the offence under the NDPS Act.;