JUDGMENT :

MANJIVE SHUKLA, J.

1. Heard Sri Sangam Lal Kesharwani, learned counsel appearing for the revisionist and Sri Brijendra Pratap Singh, learned Additional Government Advocate appearing for the State.

2. The instant criminal revision has been filed challenging therein, the judgement and order dated 20.06.2023 passed by the learned Special Judge (N.D.P.S.)/Additional District and Sessions Judge, Court No. 12, Saharanpur whereby, the application filed by the revisionist for release of his Innova Car, bearing Registration No. HR78-3205, had been rejected and the vehicle had been confiscated in favour of the State Government.

3. Facts of the case, in brief, are that the revisionist is registered owner of Innova Car bearing Registration No. HR78-3205. The police recovered ten grams of smack from the aforesaid vehicle while the revisionist was moving in the said vehicle. The police had registered a criminal case as Case Crime No. 509 of 2021 under Section 8 /21 of the N.D.P.S. Act, 1985 in Police Station Gangoh, District Saharanpur. The Investigating Officer, after collecting evidence against the revisionist, had filed Charge- Sheet before the competent court in respect of the offenc