T.P.S. Mann, J. - By way of the present petition, the petitioner has challenged the order passed by Special Judge, Ambala on 29.8.2006, whereby his application for the release of his vehicle on superdari was declined.

2. According to the prosecution, the petitioner was alleged to be driving a Maruti car of white colour on 31.5.2006 and from the said vehicle, a bag containing poppy husk, weighing 40 kgs. was recovered. A ruqa was prepared by SI Ashwani Kumar at the time of the said recovery, on the basis of which FIR No. 88 dated 31.5.2006, was registered at Police Station Barara under Section 15 of the NDPS Act against the petitioner. The petitioner was arrested and the vehicle in question taken into possession by the police.

3. On 1.8.2006, the petitioner moved an application before learned Special Judge, Ambala for the release of the vehicle in question to him on superdari, being its registered owner. Reply was filed by the police to the effect that the car in question had been used in the transportation of contraband and therefore, in view of the decision of this Court in Tarsem Singh v. State of Punjab, 2005(4) RCR(Criminal) 300, the prayer of the petitioner be decline