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. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 20.9.2008 passed by the Additional Sessions Judge-I, Rohtas at Sasaram in Bikramganj P.S. Case No.21 of 2007, rejecting the application of the petitioner filed under Section 451 of the Code of Criminal Procedure to release the seized Maruti Van bearing Registration No.HR-03-4039 in his favour.

2. The brief facts of the case is that on the basis of the self statement of Rajiv Kumar, the Officer Incharge of Bikramganj Police Station, District-Rohtas, Bikramganj P.S. Case No.21 of 2007 was instituted on 8.2.2007 under Sections 21 and 27-A of the N.D.P.S. Act against the four F.I.R. named accused. In his self statement, Rajiv Kumar, the Officer Incharge of Bikramganj Police Station, District- Rohtas, has alleged that on 8.2.2007, in the evening, he alongwith other police personnel moved to raid against the persons indulged in illegal narcotics business. In that course, at the Bikramgaj-Ara road, a Maruti Van bearing Registration No.HR-03-4039 was found standing in front of Juhi-Rexin Steel Works. On search of the vehicle, a person, who was sitting on a driving seat, was found keeping four Pudias of heroin, who, on query, disclosed his name as Md. Anwar. The other person, who had sat in an adjacent seat, disclosed his name as Md. Sahabuddin Khan and on search, four Pudias of heroin was recovered from the pocket of his Kurta. The third person, who had sat back side on the seat, disclosed his name as Jahangir Quershi alias Bholi and on search, nothing was recovered from his possession. Each seized Pudias was containing 200 grams of heroin. As such, 1600 grams of heroin were recovered. On query, the aforesaid persons also disclosed that Rafique Farooqui of Gulzarbagh, Bikramganj, uses the said vehicle in doing illegal narcotic business and indulged them in the same by giving money. Accordingly, he arrested the aforesaid three persons and seized the said Maruti Van.

8. Accordingly, the impugned order dated 20.9.2008 passed by the Additional Sessions Judge-I, Rohtas at Sasaram in Bikramganj P.S. Case No.21 of 2007 is hereby quashed and this application is allowed.

The trial court is directed to release the seized vehicle bearing Registration No.HR-03-4039 in favour of the petitioner on verifying the paper of ownership etc. and executing the bond of Rs.1,00,000/-(Rupees one lac) with two sureties by the petitioner. The petitioner will also file an undertaking to the effect that the said seized vehicle would not be transferred to anybody else till the disposal of the case and the same will be produced as and when required by the court.