IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34814 of 2010 SANJEEV KUMAR RAI Versus STATE OF BIHAR ----------- 2. 3.11.2010 Heard Shri B.J.Ojha, learned counsel for the petitioner and Shri Jharkhandi Upadhyay, learned A.P.P. for the State. The order which relates to the release of Motorcycle bearing registration No. BR-44 7242 in favour of the petitioner, who claims to be its owner, is sought to be quashed through the present petition. The learned Special Judge, Buxar, while passing the above order on 5.7.2010 in N.D.P.S.case No. 8A of 2008 has held that it was a material exhibit necessary to be admitted in evidence at the time of hearing of the case and, as such, he was not inclined to release the same to the petitioner. The attention of the Court has been drawn to an order passed by a Bench of this Court jointly in Cr. Misc. No. 4781 of 2009 and 5338 of 2007 on 5.8.2009 in which it was noticed that the recovered article was not found to be heroin or smacks. In addition to the above, what this Court feels is that the purpose of taking evidence about the seizure of a vehicle could also be fulfilled by admitting in evidence the document, i.e., the seizure memo showing seizure of the vehicle and examining the authority which had seized the vehicle and had prepared the document, in addition to seeking the presence of the persons who were associated with the search and seizure of the vehicle. 2 The vehicle was not the subject matter of the offence. It might be one of the conduits or an aid in accomplishment of the act which is an offence defined in the N.D.P.S. Act. Not releasing the motorcycle could simply tantamount to its deterioration and ultimate destruction of it which could never be appreciated by any angle of reasoning. In that view of the matter, the order dated 5.7.2010 passed in N.D.P.S.Case No. 8A of 2008 passed by the Special Judge, Buxar, is hereby set aside with a direction to the trial court to rehear the matter by holding an inquiry during hearing of the matter itself and perusing the connected documents, like, certificate of registration and other documents of ownership and pass a proper order of release in favour of the petitioner or whosoever appears the real owner of the motorcycle. The present petition is disposed of with the above direction. . Kanth ( Dharnidhar Jha, J.)