S. B. CRIMINAL REVISION PETITION NO.489/2010 JALAL KHAN V. THE STATE OF RAJASTHAN. DATE OF ORDER ::: 22/07/2010 HON'BLE MR. C.M.TOTLA, J. Mr.Moti Singh, for Petitioner. Mr. K.K.Rawal, PP, for the State. Heard. This revision petition relates to order dated 5.7.10 passed in FIR No.64/10, police station, Bagrinagar, district Pali, rejecting revisionist's application under Section 457 Cr.P.C. for handing over the vehicle to him. Learned counsel submits that applicant on 3.5.10, lodged the theft report of his this vehicle which bear No. RJ 19 UA 0366 and FIR No.134/01 registered – appears that the vehicle but bearing No. RJ 15 UA 0139 was seized at police station, Barginagar Pali transporting poppy straw. Argued that this being the position, petitioner entitled to vehicle – value and utility of which is continuously deteriorating – lying unused for about two months. Learned Public Prosecutor opposed. Going through the order and arguments, seems that in relation to vehicle offence under NDPS Act is also registered as vehicle was found to be carrying and transporting contraband articles. Though argued that vehicle was found abandoned and so also seems to have been generally mentioned in the order impugned, but still the factual aspect remains that this vehicle is suspected to be involved in the offence related to NDPS Act. It also appears that as on moment, till today, no chargesheet or report in relation to NDPS Act offence is submitted. In view of the above, the order of the learned Sessions Judge, Jodhpur is not to be interfered with. Now, learned counsel submits that the revision may be dismissed as not pressed. Ordered accordingly. Petitioner at liberty to move appropriate application as also is directed by the learned Sessions Judge. Order this not to affect any other proceedings. (C. M. TOTLA), J. scd