- (1.) This criminal misc. petition is directed against the order dated 4.12.2007 passed by Special Judge, NDPS Cases, Baran whereby learned Judge has refused to release the Motor Cycle RJ28-1M-9324 on supurdgi on the ground that the same has been seized in connection with the offence under the NDPS Act and is liable to be confiscated on the conclusion of the trial.
(2.) It is contended by learned counsel for the petitioner that simply because the vehicle has been seized in connection with the offence under the NDPS Act it cannot be a ground for refusing to deliver the vehicle for interim custody. He has placed reliance on 2001(1) RCC 384.
(3.) Learned P.P. opposes.;