1 S.B. Criminal Misc. Petition No.2259/2007 Ram Kishan vs. State of Rajasthan 27.05.2008 HON'BLE MR.JUSTICE G.S.SARRAF Mr. Ali Mohd. Khan for the petitioner. Mr. Arun Sharma, P.P. This criminal misc. petition is directed against the order dated 4.12.2007 passed by Special Judge, NDPS Cases, Baran whereby learned Judge has refused to release the Motor Cycle RJ28-1M-9324 on supurdgi on the ground that the same has been seized in connection with the offence under the NDPS Act and is liable to be confiscated on the conclusion of the trial. It is contended by learned counsel for the petitioner that simply because the vehicle has been seized in connection with the offence under the NDPS Act it cannot be a ground for refusing to deliver the vehicle for interim custody. He has placed reliance on 2001(1) RCC 384. Learned P.P. opposes. After considering the rival submissions I am of the opinion that it is only after the trial of the case that the confiscation order can be passed but that cannot be a ground to deny interim custody of the vehicle. Consequently, this petition is allowed and it is directed that the motor cycle RJ 28-1M-9324 be given on supurdgi to the petitioner, on his producing the original registration certificate and on satisfying the following conditions that:- 2 1.The petitioner furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15,000/- each to the satisfaction of the trial court undertaking to produce the motor cycle in the court as and when required to do so. 2.The petitioner shall get the motor cycle photographed showing the registration number as well as the chasis number. Such photograph shall be taken in the presence of the investigating officer, to be kept on the file of the case. 3.The personal bond of the petitioner and bonds of sureties shall carry their photographs. 4.The petitioner shall undertake not to transfer the ownership of the motor cycle and not to lease it to any one and not to make or allow any changes in it so as to make it unidentifiable. 5.The petitioner will not allow the motor cycle to be used for committing any offence. (G.S.SARRAF),J. bairwa