1. This is an application under Section 482 of the Cr.P.C. for quashing the order dated 16.02.2018, Annexure-4 to this petition.

2. The petitioner herein filed a special petition for releasing the vehicle bearing registration No.TR-01-AT-0341 seized in connection with Khowai P.S. Case No.2017/KHW/128 under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, [the NDPS Act in short]. In the complaint, it has been alleged that having laid the ambush, the Coy Commander, 48 BN. BSF, had noticed that two persons were approaching towards the ambush. When those persons were challenge, they tried to escape but with great efforts, they were over-powered. On search, from the vehicle 18 bags of cannabis were found and those narcotic substances were seized. The vehicle was also seized.

The Special Judge, West Tripura, Khowai by the impugned order dated 16.02.2018 has observed that ‘thus, it is clear from the provisions of NDPS Act that the vehicle, which is used for transporting the contraband is to be seized by the police for the purpose of recovery of contraband and further as per provisions of section 60(3) NDPS Act, the vehicle used for transportation