JUDGMENT - H. SURESH, J.:---On August 31, 1987 the Bombay Customs, intercepted a taxi bearing registration No. MMO 2649 at the junction of Keshavji Naik Path and S.V. Road, Bombay -400 009. One Taj Mohd. Jan Mohd. Pathan was the driver and the sole occupant of the taxi at the time of interception. It was found that the taxi was being used for carrying six packages weighing about 76 kgs. containing brown powder purported to be brown sugar and 18 kgs. of white powder purported to be Heroin. The said person was arrested and the taxi was seized under a panchanama. The accused has been charged under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act") and the case is pending.

2. In the meanwhile on January 29, 1988 the present respondent No. 1 made an application before the learned Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay, for return of the said taxi, on the basis that he is the owner of the said taxi, and that he has a taxi permit and a valid motor driving licence, and that the taxi is lying at the Customs House unattended and its machinery is getting rusted since last several months, and

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