JUDGMENT

The petitioner has preferred this criminal revision petition under Section 397/401 of Cr.P.C. against the Order dated 04.09.2020 passed by the Special Judge, N.D.P.S. Act Cases, Jodhpur in Criminal Case No. 237/2020 pertaining to FIR No. 134/2020 registered at the Police Station Basni, District Jodhpur for the offence under Section 8/18 of N.D.P.S. Act, whereby the prayer to release the seized Maruti Swift Dzire car on supurdaginama in favour of the petitioner, has been rejected.

As per the facts of the case, on 23.06.2020, during the course of Nakabandi, the petitioner was found with 1.600 kgs. Opium being carried by him in the subject swift car, upon which, the criminal case was registered against him under the provisions of the N.D.P.S. Act. After investigation, the charge-sheet was filed against the petitioner under Section 8/18 of the N.D.P.S. Act. During investigation, the accused-petitioner filed an application under Section 457 of Cr.P.C. seeking release of seized vehicle on supurdaginama, which has been rejected by the trial court vide order impugned dated 04.09.2020 on the ground that the subject car is liable to be confiscated under the provisions of the N.D.P.S.