[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 352/2008 JASVANT SINGH & ANR. Vs. STATE OF RAJASTHAN Date: 27.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Biri Singh Sinsinwar for the petitioners. Mr. Arun Sharma, Public Prosecutor for the State. **** The instant criminal misc. petition under Section 482 Cr.P.C. is directed against the order dated 31.01.2008 passed by the Special Judge , NDPS Act Cases, Sikar in Criminal Misc. Case No. 39/2008, whereby the Special Judge has rejected the application moved on behalf of the petitioners under Section 451 Cr.P.C. for 'Supurdagi' of Doda- Post (poppy straw) which has been seized. Learned counsel for the petitioners submits that the Doda-Post which is lying in the Go-down has been seized and being a perishable article, the same may be released on 'Supurdagi' to the petitioners as the petitioners are the license holder. He also placed reliance on the judgment rendered by the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in AIR 2003 SC 638. Per contra, learned Public Prosecutor submits that the Doda-Post which has been seized [2] cannot be released until and unless trial is completed as the Doda-Post is essentially required to prove the prosecution case. I have heard rival submissions of the respective parties and carefully gone through the order impugned dated 31.01.2008 as also the judgment referred by the learned counsel for the petitioners. The Special Judge vide order impugned dated 31.01.2008 has observed that if the Doda-Post which has been prayed to be released on 'Supurdagi', if released during investigation then it will affect the investigation. Having heard rival submissions of the respective parties, as the petitioners are claiming that they are license holder legally provided by the Excise Department to deal with the Doda-Post, the Doda-Post can only be released to the petitioners if the Special Judge is satisfied that the Doda-Post which has been seized, is not required for further investigation after furnishing security to the satisfaction of the Special Judge, but in any case, this Court at this stage do not want to interfere in the order impugned dated 31.01.2008. Consequently, the criminal misc. petition fails and the same is hereby dismissed. The stay application also stands dismissed. (K.S. RATHORE)J. /KKC/