IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5469 of 2010 Shatrughan Singh, son of late Shiv Lal Singh, Resident of Village: Bahuara, P.S. Rajapakar, District Vaishali. .... Petitioner. Versus The State of Bihar: .... Opp. Party. ----------- 02- 16.02.2010 Heard Mr. Shyam Sunder Sinha ‘Shyam’ for the petitioner, and Mr. Jharkhandi Upadhaya, learned Assistant Public Prosecutor. This application under Section 482 of the Code of Criminal Procedure is directed against the order dated 3.9.2009, passed by the learned Additional District and Sessions Judge-VIII, Motihari, in N.D.P.S. Case No.82 of 2004 (The State of Bihar Vs. Shatrughan Singh), whereby the petitioner’s tempo seized earlier has not been released. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the petitioner is the owner as well as driver of a three-wheeler bearing Registration No.BR-31A-2823. On 26.10.2004, he was allegedly carrying 37 kilograms of Ganja in a cavity specially made in his three-wheeler. He was ultimately arrested on 16.4.2007, and the three-wheeler has been seized. Perhaps 2 confiscation proceedings are also going on. Learned counsel for the petitioner orally submits that the petitioner was in custody from 16.4.2007 till 9.2.2009, when he was released on bail by an order of this Court passed in Cr. Misc. No.43013 of 2008. The learned Additional District Judge has refused to release the three-wheeler on the grounds that it was carrying 37 kilograms of Ganja in a cavity specially prepared for the purpose in the three-wheeler, meaning thereby that the petitioner is engaged in this illegal trade. It is further stated in the impugned order that confiscation proceedings are also going on. 3. In the facts and circumstances of the case, I would prefer to release the three- wheeler on submission of security to the satisfaction of the learned Additional District and Sessions Judge-VIII, Motihari. The petitioner shall surrender the three-wheeler, if it is ultimately directed to be confiscated in accordance with law. 4. This application is accordingly allowed. (S K Katriar, J.) S.K.Pathak/