R.K. Bag, J.

The petitioner has preferred this revisional application challenging the order dated October 6, 2015 passed by learned Judge, Special Court, under N.D.P.S. Act, Malda, in Special Case No.11 of 2015, by which learned Judge of the trial court refused to return the seized vehicle to the petitioner on interim bond during pendency of the criminal case.

2. Learned counsel appearing on behalf of the petitioner submits that the vehicle bearing No. BW-65A/3030 belonging to the petitioner was seized on February 19, 2015 on the allegation of transporting 39 litres of phensedyl without any authority of law. Learned counsel specifically submits that the petitioner is the owner of the said seized vehicle and as such the vehicle should have been returned to the petitioner on interim custody during the pendency of the criminal case on any condition, but learned Judge of the trial court refused to return the seized vehicle to the petitioner on interim custody. He has relied on the decision of this Court in "Ainul Haque v. The State of West Bengal & Anr." (CRR 1152 of 2015 decided on January 7, 2015), in support of his contention that the bar under Section 60(3) of the Narcotic