JUDGMENT

1. The petitioner has preferred this criminal revision petition under Section 397/401 Cr.P.C against the order dated 26.10.2021 passed by learned Special Judge, NDPS Act Cases No.l, Chittorgarh in Criminal Case No.766/2021 pertaining to FIR No.426/2021 registered at Police Station Kotwali Nimbahera, District Chittorgarh for the offence under Section 8/15 of the N.D.P.S. Act, whereby the prayer to release the seized Alto car bearing No.RJ27-CK-1511 on supurdaginama in favour of the petitioner, has been rejected.

2. As per prosecution story, 40 Kgs of poppy husk in two plastic bags without having any license or permit was recovered from the said vehicle. After investigation, the police found that the petitioner was owner of the said vehicle.

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 on record as well the order impugned.

5. Learned counsel for the petitioner while praying for interim custody of the subject vehicl