JUDGMENT :

Shampa Dutt (Paul), J.

1. The revision is heard in presence of the learned counsel for the State.

2. This revision is against an order dated 22.07.2022 passed by the learned Additional Session Judge, 1st Court, Cooch Behar (NDPS), in connection with NDPS Case No. 90 of 2021 under Section 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substance Act arising out of Dinhata Police Station Case No. 428 of 2021 dated 20.08.2021.

3. The petitioner’s case is that he is the registered owner of a vehicle being Maruti Suzuki celerio VXI bearing No. WB 64X 8226. The petitioner’s said vehicle was seized by the police authority and the present petitioner was arrested along with one Majidul hoque. They were later released on bail by virtue of the Hon’ble court order dated 17.12.2021.

4. The prosecution case under the Narcotic Drugs and Psychotropic Substance Act was registered as Dinhata Police Station Case No. 428 of 2021 dated 20.08.2021 in respect of which the alleged truck was seized which was illegally carrying such contraband articles along with the two persons who were in possession of the said alleged truck. It appears from the seizure list that the petitioner’s vehicle has also been allegedly seized by the investigating agency from the said place of occurrence. It is further stated that not a single quantum of the alleged contraband articles have been seized from the direct or indirect physical possession of the petitioner nor from the petitioner’s vehicle being Maruti Suzuki celerio VXI bearing No. WB 64X 8226. The petitioner’s vehicle has been illegally seized and the said vehicle is still under the custody of the police authority.

5. After concluding the investigation charge sheet bearing No. 72 of 2022 dated 11.02.2022 under Section 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substance Act has been submitted.

6. The petitioner states that the learned Trial Court assumes power and jurisdiction by virtue of Section 451 of the Cr.P.C., wherein it is laid down regarding the order for custody and disposal of property by a criminal Court with respect to any criminal case in which trial is pending. Therefore, the said petition before the learned Additional Session Judge, 1st Court, (NDPS) praying for release of the said vehicle on 22.07.2022 ought to have been granted by the learned Trial Court as the custody of the said vehicle might serve no lawful purpose for the process of trial with regard to NDPS Case No. 90 of 2021 in connection with Dinhata Police Station Case No. 428 of 2021 dated 20.08.2021 under Section 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substance Act as there is no criminal antecedent against the petitioner as well as the said vehicle in the purported charge sheet being Charge Sheet No. 72 of 2022 dated 11.02.2022 under Section 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substance Act.

7. The petitioner has thus prayed for setting aside of the order under revision and return of the vehicle in the interest of justice.

8. Mr. Aditi Shankar Chakraborty, learned counsel for the State is present.

9. The order dated 22.07.2022 in NDPS Case No. 90/21 under revision is as follows:-

NDPS Case No.-90/21

Order No.-27

Dated:-22.07.2022

……………..Ld. Advocate submitted that the Hon’ble Court has been pleased to refuse the application with liberty to file fresh application before this court within the provision of Section 451 of Cr.P.C.

The order dated 07.07.22 in CRR 43/22, Hon’ble Justice Ananda Kumar Mukherjee passed the following order stating that “Petitioner is granted liberty to file an application under Section 451 of the Code of Criminal Procedure before the Jurisdictional Court for return of the vehicle and after considering all aspects, Learned Judge, Special Court shall dispose of such application in accordance with law and at the earliest before conclusion of trial.”

It is found from the order of Hon’ble High Court that the petitioner referred the said Criminal Revision against the orde