(1.) There visional application has been preferred by the petitioner assailing the order dated 12th April, 2005 passed by the learned Additional Sessions Judge, 6th Court (Special Judge, N.D.P.S.), Barasat in connection with Case No. N26/05 arising out of Rajarhat P.S. Case No. 83 dated 7.3.05 under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act (in short N.D.P.S. Act) and under Sections 25/27/35 of the Arms Act thereby refusing prayer of one Chinmoy Mitra for return of Tata Sumo vehicle bearing No. WB-24C/4382.

(2.) The prosecution story as depicted in the FIR lodged by S.I. of Police of Rajarhat P.S. is that, on 7th March, 2005 at 8.30 A.M. receiving source information police party of Baguiati I.C. kept watch at Badaka crossing near Indian Oil Petrol Pump on Megacity Road. At about 9.25 A.M. they noticed one cherry colour Tata Sumo and two motor cycles as per source information and when the police party challenged the vehicles, the said vehicles started fleeing away towards Hazra side. After a hot chase the police party apprehended the Tata Sumo vehicle. The other associates of the accused persons of the vehicle could be identified namely, Tridip M