IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 82 OF 2009 IN CRIMINAL REVISION APPLICATION NO.72 OF 2008 Gulsher Faisal Khan .. Applicant V/s. Union of India & Anr. .. Respondents. Mr.Ashish Boraskar i/b.Lalla & Lalla for the Applicant. Mr.H.V.Mehta a/w.Ms.P.H.Kantharia for Respondent No.1. Ms.P.P.Shinde, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : MARCH 31ST, 2009. P.C. Heard the rival submissions for some time. 2. It is the application challenging the order passed by the learned Special Judge under NDPS Act, Bombay in Misc.Application No. 7 of 2008 in NDPS Special Case No.215 of 2007, rejecting prayer 1 of returning of his Chevrolet Tavera vehicle on hire to the accused in NDPS Acts for giving custody of the said vehicle to the Applicant on imposing certain terms and conditions by this Court. 2. According to the case of the prosecution, the vehicle was hired by the accused for carrying 20kgs of Hashish a Narcotic contraband drug. The Tavera vehicle was also seized as it was used for transporting the narcotic drug. There is nothing brought on record that there is any compartment created in the said vehicle so as to use the said vehicle frequently for such type of clandestain transport of narcotic contraband. Considering the above circumstances the criminal Revision Application No.82 of 2008 is disposed of with following order : :: O R D E R :: i. Tavera vehicle bearing No.MH-43-N-4631 be given in the custody of the Applicant, during the pendency of NDPS Special case No. 215 of 2007 on Applicant executing a bond of Rs.8 lacs with the undertaking that he shall produce the said vehicle as and when required during the trial of the said NDPS Special Case. During the pendency of said Trial and till the final orders of disposal of the property at the conclusion of the trial, no third party interest shall be created by the Applicant with respect to the said vehicle. 2 ii. In view of the dismissal of the Criminal Revision Application No.82 of 2008, nothing survives in Criminal Application No.72 of 2008 as the said prayer is already satisfied by disposing of the criminal Revision itself. (A.R. JOSHI, J.) 3