The court's decision was influenced by the legal principle of allowing the release of seized property under specified terms and conditions, considering the petitioner's claim as the power of attorney holder of the owner.

ORDER

1. The matter comes upon an application under Section 5 of the Limitation Act for condoning the delay arises in filing the criminal revision petition.

2. Heard on application under Section 5 of the Limitation Act. For the reasons and grounds mentioned therein, the application seeking condonation of delay is allowed. Delay of 81 days in filing criminal revision petition is condoned. Let the revision petition be treated in limitation.

Heard learned counsel for the petitioner and learned Public Prosecutor for the State.

3. By way of filing of the instant revision Petition, challenge has been made to the order dated 20.06.2022 passed by the learned Special Judge, NDPS Act Cases, Nokha, District Bikaner in Misc. Case No. 3/2022 arising out of FIR No.02/2022 Police Station Nokha, District Bikaner, rejecting an application (No.86/2022) preferred by the petitioner under Section 457 Cr.P.C. for release of the vehicle Maruti Swift Dzire vdi No. RJ 21 CA 4250 seized by the police for offence under Sections 8/21, 25 and 29 NDPS Act.

4. Learned counsel for the petitioner submits that he is the power of attorney holder of owner of the vehicle in question which has been seized by the Police Officers. He submits that the petitioner being the agent of the vehicle in question, is the person best entitled to get back the possession of the seized property. There is no other person claiming supurdagi of the same. Learned counsel also submits that the trial of the case will take a long time and the vehicle in question would be deteriorated if allowed to remain in Police Station premises.

Learned Public Prosecutor opposed the criminal revision petition.

5. Considering the submissions and following the judgment rendered by Hon’ble the Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in AIR 2003 SC 638 and the order dated 18.11.2022 passed by the Hon’ble Supreme Court in Criminal Appeal No. 2005/2022 [SLP (Crl.) No.7280/2022) titled as Sainaba Vs. The State of Kerala & Anr., wherein, the vehicle involved in a crime under NDPS Act was directed to be released on terms and conditions to be determined by the Special Court, the revision petition is allowed and this Court deems it just and appropriate to release the vehicle in question in favour of the petitioner on interim custody till conclusion of the trial provided he furnishes a Supurdaginama of Rs. 3,00,000/- and surety of like amount to the satisfaction of the Court below.