Manak Mohta , J. - (1.) HEARD .
(2.) THIS revision petition has been field by the petitioner against the order dated 01.11.2008 whereby the learned Special Judge, NDPS Act Cases, Ratangarh, District Churu has rejected the application filed by the petitioner under Section 451 Cr.P.C. for releasing Esteem Car No. MH -01R -7235 (of which the petitioner is the RC holder) on 'supurdignama'. As per the prosecution case, SHO, P.S. Sujangarh, District Churu on 10.09.2008 after receiving secret information conducted 'Nakabandi' and signalled Esteem Car No. MH -01R -7235 to stop and after chasing it got it stopped and then recovered 2 Kg and 800 Grams of Opium lying inside the vehicle. Thereafter, the vehicle was seized and a case vide FIR No. 138/2008 was registered for the offence under Sections 8/18 and 25 of NDPS Act. It would be pertinent to mention here that the registered owner of the vehicle was not made accused in this case.
(3.) AFTER completion of investigation, the police filed challan. Thereafter the petitioner filed an application under Section 451 Cr.P.C. before the learned trial court for releasing the said car on 'supurdiginama' stating that he is the registered owner. Challan has already been filed in the matter. The vehicle is lying in open at the Police Station and due to absence of proper care etc., the condition of vehicle is deteriorating day by day. The police authority has completed the investigation, as such, the vehicle is not required by the Investigating Officer and the trial of the case will take a long time, therefore, the vehicle be released to him as he is the RC holder, however, the learned trial court had rejected the said application vide order impugned. Hence, this revision petition. The notice of revision petition was issued. Record of the case was called and the arguments were heard.;