1. The applicant is registered owner of Honda Car bearing registration No.CG-04/LE-9444 and that vehicle was found involved in a criminal case bearing Special S.T.No.43/2016 (State of Chhattisgarh v. Dharmendra and others) pending in the Court of Special Judge (NDPS), Dhamtari. It was further alleged that on 30-7-2016 the said vehicle was found carrying 9.600 Kgs. of Ganja. The applicant moved an application under Section 457 of the CrPC for interim custody of the vehicle. By the impugned order, the said application has been rejected by the learned Special Judge holding that prima facie, the vehicle was found involved in the commission of offence and is likely to be confiscated therefore, interim custody of the said vehicle cannot be granted feeling aggrieved against which this revision has been preferred by the applicant herein.

2. Mr. Vivek Tripathi, learned counsel appearing for the applicant, would submit that the learned Special Judge (NDPS) has committed jurisdictional error in passing the impugned order rejecting the application. He would contend that if the seized vehicle is kept for a long time in open place in the police station, there is danger of it being damaged