ORAL JUDGMENT

Rule. Rule made returnable forthwith. By consent of learned counsel for respective parties, the matter is taken up for final hearing, at the stage of admission.

2. By the present Petition filed under Article 226 and 227 of the Constitution of India, petitioner prayed that impugned order dated 20th March, 2010 passed by the learned Adoc Additional Sessions Judge-1, Aurangabad in Criminal Misc.Application No.23/2010 be quashed and set aside and the Incharge of Pachod Police Station, Tq.Paithan, Dist.Aurangabad be directed to release the vehicle-Mahindra Max Jeep bearing No.MH-12-EF-5860 in C.R. no.III-57/2009 dated 13th December, 2009 and hand over the same to the petitioner.

FACTUAL MATRIX :

3. The petitioner herein is original accused no.2 in N.D.P.S. (Special) Case No.2/2010 arising out of C.R. No.III-57/2009 registered with Pachod Police Station, Tq.Paithan, Dist.Aurangabad and copy of said F.I.R. is annexed at Exh.A (page 15). It is the contention of petitioner that he is owner of Mahindra Max Jeep bearing No.MH-12-EF-5860, which was purchased by him from one Abdul Hafiz Abdul Hamid. It is the contention of petitioner that he is doing the business of carry