IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.30738 of 2008 ***** Kasim son of Late Subhan Miyan, resident of village- Imli Chowk, Telhatta Bazar, Police Station Siwan Town District-Siwan. …. …. Petitioner Versus The Union of India through Commissioner, Customs, Patna. …. …. Opposite party ----------- 2. 12.5.2009. Heard learned counsel for the petitioner and learned counsel for the Union of India. Vide order dated 24.6.2008 passed by the learned Special Judge, Motihari in N.D.P.S. Case No.33/2008, whereby and whereunder the request for release of Mahindra Bolero Jeep bearing registration No.BR-04C-9786 has been rejected. Petitioner submits that he is the owner of the said jeep and he has sufficient documentary evidence to support the above stated facts. Prior to the seizure of the vehicle by the customs authorities under the said case the jeep of the petitioner was snatched away by certain miscreants and for which Baikunthpur P.S. Case No.15/2008 came to be lodged. The said jeep has now been utilized by the miscreants or persons to commit a crime under the N.D.P.S. Act. He submits that in the above stated circumstance no purpose would be served by allowing the jeep to remain seized by the customs authorities, which will only create problems so far as upkeep of the vehicle in question is concerned. In the above stated circumstances, no purpose would be served by keeping the vehicle seized by the customs authorities specially when no evidence has come about complicity of the present petitioner in - 2 - the crime registered under the N.D.P.S. Act. The order dated 24.6.2008 is quashed with a direction to the Special Judge, Motihari that he shall release the vehicle concerned bearing registration No.BR-04C-9786 in favour of the petitioner after the petitioner furnishes surety in the sum of Rs. three lacs. It is further directed that the petitioner shall neither sale or alienate the vehicle in question without the prior permission of the trial Court and shall produce the vehicle if necessity for the said arises on the direction of the trial Court. The application stands allowed. Let the order be communicated by fax on deposit of cost by the petitioner. Pawan/- (Ajay Kumar Tripathi, J.)