1. - Heard learned Counsel for the petitioner and the learned Public Prosecutor. In Sessions Case No. 48/9?., pending in the Court of Addl. Sessions Judge, Bundi, the matter relates for the custody of a white coloured Maruti van bearing registration No. DL -! C-R 1117. The accused petitioner is facing trial in the caseunder section 8/18 oof the Narcotic Drugs And Psychotropic Substances Act. The accusation against the r-etit' that opium wayzed from his possession weighing 10 kg. and 800 gms. in the aforesaid van when it was checked by the concerned officers. The petitioner had moved an applicationunder section 451 Cr.P.C. for the custody of the said car but the learned Add I. Sessions Judge declined the request vide order dated March 13, 1992.

2. The contention of the learned Counsel for the petitioner is that the said vehicle is lying in a open place and by the time, the case is decided, it will be completely damaged, as such, the custody of the car be given to him. Learned Counsel further submits that he is the registered owner of the vehicle and there is no other claimant, as such, none has any dispute in giving the car in his custody. On the other hand, the learned PP g