JUDGMENT

1. The petitioner has preferred this criminal revision petition under Section 397/401 Cr.P.C against the order dated 27.7.2021 passed by learned Special Judge, NDPS Act Cases, Phalodi, District Jodhpur in Criminal Case No.450/2021 pertaining to FIR No.101/2021 registered at Police Station Phalodi, District Jodhpur for the offences under Sections 8/21 and 29 of the N.D.P.S. Act, whereby the prayer to release the seized Swift car bearing No.RJ04-CE-0313 on supurdaginama in favour of the petitioner, has been rejected.

2. As per prosecution story, 50.75 grams of smack without having any license or permit was recovered from the Swift Car bearing No. RJ04-CE-0313. After investigation, the police found that one Abdul Rehman was owner of the said vehicle and there is an agreement to sale between the petitioner and said Abdul Rehman for selling the said car to the petitioner.

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 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 material available