IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38284 of 2010 JITENDRA MISHRA @ KARU MISHRA, son of Late Birendra Mishra, resident of village- Sagraha, P.S.-Fulbariya, District-Begusarai ….Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/- 08.11.2010 Heard learned counsel for the parties. The petitioner has sought quashing of the order dated 08.09.2010, passed by Additional District and Sessions Judge, I, Begusarai in N.D.P.S. Case No. 10 of 2009, by which the vehicle bearing Registration No. BR7P/0621 has not been released in favour of the petitioner. The background of the case is that 1.5 kg Ganja was recovered from the said vehicle upon which the police arrested the wives of the petitioner as well as the driver of the vehicle and the Marshal Jeep was seized. It has been submitted that there is no counter claim of the Marshal Jeep, in question, and undoubtedly, the same would not be used as a material exhibit in the case. The further submission is that the confiscation proceedings have not been initiated with regard to the vehicle in question. In view of such, the application is allowed and the order dated 08.04.2010, passed by learned Additional district and Sessions Judge, I, Begusarai in N.D.P.S. Case No. 10 of 2009 is set aside with further direction to release Marshal Jeep bearing 2 Registration No. BR7P/0621 in favour of the petitioner after due verification of the documents on surety to be determined by the court below and on such terms and conditions as it may deem fit and proper. The petitioner shall undertake that he will not raise objection to the non-production of the Marshal Jeep during trial and will not dispose of the same till the end of the case. Let this order be communicated to the Additional District and Sessions Judge,!, Begusarai, in connection with NDPS Case No.10 of 2009, through FAX at the cost of the petitioner. Ashwini/- (Anjana Prakash, J. )