JUDGMENT

Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. The petitioner has preferred this petition praying that the order dated 29.06.2021 passed by learned Special Judge, NDPS No.1, Chittorgarh in Criminal Misc. Case No.276/2021 (CIS No.48/2021) be set aside, whereby the said Court refused to release the amount of Rs.6,00,000/- to the petitioner.

3. Learned counsel for the petitioner submits that the petitioner has preferred this petition for releasing the amount in question, which is alleged to be the proceed of the contraband in question. He further submits that the amount in question is no longer required for the investigation, as has been wrongly kept under confiscation.

4. Learned counsel for the petitioner has cited the judgment passed by this Court in the matter of Lune Khan Vs. State of Rajasthan, 2018 4 CrLR 1783.

5. Learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, to contend that the Supreme court has held that the article should not be permitted to remain in the police st