JUDGMENT 1. - This appeal is directed against the order dated 7.10.1998 passed by the learned Special Judge for NDPS Cases, Rajgarh ordering the confiscation of the vehicle belonging to the petitioner. 2. With the assistance of the learned counsel for the appellant and the learned Public Prosecutor. I have scrutinised the record of the case and reappreciate the contentions. Some accused persons were prosecuted for certain offences under the Narcotic Drugs and Psychotropic Substances Act. After due trial, all the accused persons were acquitted, however, by the impugned order, the learned Judge ordered confiscation of the vehicle for the reasons mentioned in the order. Shri M.L. Garg, learned counsel for the appellant contended that the order is unsustainable and it has been held by this Court that unless there is cogent evidence attributing knowledge of the contraband being carried in the vehicle to the owner of the vehicle, confiscation order cannot be made. In this case also, the driver of the jeep which has I been confiscated has been acquitted of the offence, it follows as a natural corollary. Therefore, when the vehicle driver himself is acquitted of all the offences under the NDPS Act, it cannot be held for any such sort of imagination that the vehicle was used for commission of any offence under the Act. Reliance was placed on a judgment reported in 1993 Cr.L.J. 498. The facts of that case and the present case are almost identical. I am in respectful agreement with the views expressed in this judgment. 3. In the result, the appeal is allowed. The order passed by the learned Sessions Judge is set aside. The vehicle is directed to be given in possession of the owner present appellant.Appeal allowed. *******