ORDER

Heard learned counsel for the petitioner and learned Additional Standing Counsel.

Aggrieved by the order dated 21.09.2012 passed by the learned Special Judge-cum-Additional Sessions Judge, Talcher in C.T. (S) NDPS Case No.02 of 2010 rejecting the petitioner’s application under Section 457 Cr.P.C. for interim release of his Ambassador Car bearing registration No.OR-05-N 3521, the petitioner has filed this revision.

The vehicle in question is allegedly involved in the commission of offence under Section 20(b)(ii)(C) of the N.D.P.S. Act and seized by the Police in Rengali P.S. Case No.61 of 2010 corresponding to C.T. (S) NDPS Case No.02 of 2010. The petition has been rejected on the ground that the petitioner is himself is an accused in the offence and if the vehicle is released in his zima there is very chance of tampering of the vehicle so far as its colour and its parts are concerned and the vehicle may be used again for illegal purpose.

Learned counsel for the petitioner submits that there is no statutory bar for releasing a vehicle seized in connection with commission of an offence under the NDPS Act merely because the owner-petitioner has been made as an accused in the case.

Th