1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Makhan Singh Vs. State of Rajasthan & Anr. S.B.CR. MISC. PETITION NO.1432/2007 DATE OF ORDER :: February 27, 2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.S.S.Dhillon, for the petitioner. Mr.L.R.Upadhyay, P.P. for the State. Mr.R.S.Gill, for respondent No.2. BY THE COURT: Mr.R.S.Gill appears for respondent No.2. Service is, therefore, complete. With the consent of learned counsel for the parties, the petition is finally heard and decided at the admission stage. By the instant criminal misc. petition under section 482 Cr.P.C., the petitioner has challenged the order dt. 25.5.2007 passed by Special Judge, N.D.P.S. Act Cases, Hanumangarh (for 2 short `the trial court' hereinafter), whereby the trial court dismissed the application filed by the petitioner seeking interim custody of motorcycle bearing No. RJ-31-1M-1380. Learned counsel appearing for respondent No.2 Puroshotam submits that he has no claim to the motorcycle as he transferred the ownership of the motorcycle in favour of the petitioner. The trial court dismissed the application seeking interim custody of the motorcycle on the ground that the registered owner is respondent No.2 Puroshotam and he filed an application. Now, the counsel representing respondent No.2 submits that he has no objection if the motorcycle is released in favour of the petitioner. In view of the statement of the learned counsel for respondent No.2 and the fact that vehicle now stands registered in name of the petitioner and the fact that the vehicle was not found conveying or transporting the contraband under the N.D.P.S. Act as the contraband smack was said to have been recovered from personal possession of petitioner i.e. from his shirt's pocket and having considered the peculiar facts and circumstances of the case, I consider it just and proper to allow 3 the petition. Consequently, the petition is allowed. Order impugned dt. 25.5.2007 passed by the trial court is set aside and the trial court is directed to release the motorcycle bearing No. RJ-31- 1M-1380 in favour of the petitioner on the terms and conditions, which the trial court thinks fit. (H.R.PANWAR),J. m.asif/-