JUDGMENT :

Madan Gopal Vyas, J.

1. The petitioner has preferred this criminal revision petition under Section 397 & 401 Cr.P.C. against the order dated 03.9.2021 passed by learned Special Judge NDPS Cases No. 1, Chittorgarh in Criminal Misc. Case No. 617/2021 pertaining to (CIS No. 113/2021) in connection with FIR No. 78/2021 registered at Police Station Mangalwad District Chittorgarh for the offences under Sections 8/15 of the N.D.P.S. Act, whereby the prayer to release the seized Tata truck bearing No. PB 08 CB 2096 and PVC pipes on supurdaginama in favour of the petitioner, has been rejected.

2. As per prosecution story, on search, Police found that the vehicle was fully loaded with white color pipes of Finolex company and 49 kg 600 grams of poppy husk without having any license or permit was recovered from the truck bearing number PB 08 CB 2096.

3. The trial court has rejected the application filed under Section 451 Cr.P.C. by the petitioner seeking interim custody of the subject vehicle and white color pipes of Finolex company on the ground of severity of offence and possessing the narcotic substance by the petitioner.

4. Heard learned counsel for the parties and perused the materi