( 1 ) THIS petition under Section 482 of the Code of Criminal Procedure (for short "the Code") challenges the legality and propriety of order dated 3. 3. 1998 passed by learned Additional Sessions Judge whereby two applications, one filed by Smt. Narender Kaur (present petitioner) for return of Maruti Car No. DL-8c 0657 and the other by Smt. Daya Kaur for return of the currency of Rs. 2,44,900. 00 and some other articles which were seized by Narcotics Control Bureau (for short "ncb") during investigation were dismissed. Only Smt. Narender Kaur has filed this petition.

( 2 ) BRIEFLY, the facts are that on prior secret information received on 25. 3. 1997, the officers of NCB formed two surveillance teams, one was deputed near House No. B-7/1, Mianwali Nagar belonging to one Ved Prakash Manchanda (accused in the main case) where accused Amar Pal Singh alongwith his son Tarvinder Pal Singh reached in the aforesaid Maruti Car, where said Manchanda had handed over to Amar Pal Singh a packet which later was found containing 940 gms. of Heroin. After receipt of this packet, Amar Pal Singh and his son in that car proceeded towards Peeragari Chowk, Rohtak Road, where the second party already deputed intercepted the car and on search recovered from the possession of Amar Pal Singh the aforesaid packet containing 940 gms. Heroin which was seized alongwith the car. Statements under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") of Amar Pal Singh and Tarvinder Singh were recorded. Amar Pal Singh made disclosure statement about his source of acquiring this Heroin as from Ved Prakash Manchanda for which he was to get commission. Later on search at the house of accused Amar Pal Singh at C-89, Fateh Nagar, New Delhi, a small polythene packet containing 4 gms. of Heroin, one vacuum sealer, a small diary, a small weighing scale, some documents, Rs. 2,44,900. 00 in cash, US $ 50 and some other articles were recovered which were seized after drawing Panchnama in the presence of Smt. Narender Kaur w/o Amar Pal Singh. Amar Pal Singh and Ved Prakash Manchanda were arrested and they are being prosecuted under Section 21 /29 of the Act.

( 3 ) TWO applications both dated 10. 2. 1998 under Section 451 of the Code, one by Smt. Daya Kaur for return of cash amount of Rs. 2,44,900. 00, UTI certificates and other documents including R/c of a motor-cycle, and the other by Smt. Narender Kaur for return of the said Maruti Car alongwith its documents were filed. The learned Trial Court vide order dated 3. 3. 1998 rejected the application of Smt. Narender Kaur but the application of Smt. Daya Kaur was partly allowed in that, request for return of currency notes was rejected. The return of money was declined on the ground that Amar Pal Singh in his statement under Section 67 of the Act had stated that this amount was the sale proceeds of the contraband made by him, whereas return of the car was declined on the ground that the car was being used for conveyance of the contraband and was liable to be confiscated under Section 60 of the Act.

( 4 ) NO one appeared for arguments on behalf of the department on the date fixed for hearing or even thereafter.

( 5 ) I have heard learned Counsel for the petitioner. He has contended that the petitioner is the registered owner of the car; the car is not liable to confiscation as its use, if any, for conveyance of the contraband by Amar Pal Singh accused was without her consent, knowledge or connivance; the car is lying in the open where it will become junk causing loss and injury to the petitioner as she is the owner of the vehicle; if given on superdari, it could be produced if ultimately it was held to be liable to confiscation and for that purpose adequate security could be required from the petitioner; the currency amount is also not liable to be confiscated; that interim custody could be given by the Court under Section 451 of the Code inasmuch as the provisions of this