ORDER

B.K. Nayak, J.—Heard Mr. Sarangi, learned counsel for the petitioner and learned Additional Standing Counsel. Perused the records.

2. In this revision, the petitioner challenges the order dated 3.8.2012 passed by the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur in 2(a) C.C. No. 21 of 2012 (N) rejecting the petitioner’s application for interim release of the vehicle (motorcycle) bearing Registration No. OR-7-W-1879 which was involved in alleged commission of offence under Section 20(9)(ii)(B) of the N.D.P.S.Act.

3. The motor cycle of the present petitioner was seized by the Inspector-in-charge of Excise EI & E.B., Berhampur along with 9.5 Kg. of ganja from the possession of the accused, Gopal Krushna Sahu while he was transporting the same. On the basis of the prosecution report, 2(a) C.C. Case No. 21 of 2012 has been initiated. Petitioner’s application for interim release of the motor cycle has been rejected by the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur on the ground that the motor cycle was seized by the Excise Officials and not by the Police and therefore Section 457 Cr.P.C. has no application and that Section 60(3) of the NDPS Act provid