JUDGMENT Vinit Kumar Mathur, J. - The matter comes upon application (2/2019) for early hearing of the petition. 2. For the reasons mentioned in the application, the same is allowed and with the consent of parties, the matter is taken up today itself for hearing. 3. Another application (1/2019) for substituting the petitioner has been filed. 4. For the reasons mentioned in the application, the same is allowed. The applicant Jitesh Nawal is ordered to be substituted as petitioner. Amended cause title already filed is taken on record. 5. The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. praying that the order dated 29/03/2019 passed by learned Special Judge (NDPS Cases), Rajgarh, District Churu (Raj.) in Criminal Revision No. 17/2019 and the order dated 27/03/2019 passed by learned Judicial Magistrate Taranagar, District Churu in F.I.R. No. 28 dated 24/03/2019 PS Bhaleri, District Churu, be set aside, whereby the said court refused to release the Bus bearing registration No. RJ 30 PA 8888 to the petitioner. The said vehicle was seized in connection with FIR No.28/2019 registered at P.S. Bhaleri, Churu for the offence under Sections 8/15 and 25 of the N.D.P.S. Act. 6. The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle in question and the same is case property. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283 , to contend that the Hon'ble Supreme court has held that the vehicle should not be permitted to remain parked in the police station as the same shall gather rust and shall not remain useful. 7. Learned public prosecutor has filed the status report of the investigation and stated that the investigation has already been completed. However, the charge sheet is yet to be filed. Requirement of the bus to the Investigating Agency is not really made out. 8. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the present petition is allowed and the trial court is directed to release the bus bearing registration No. RJ 30 PA 8888 on supardaginama in favour of the petitioner on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee of Rs.50,000/- with the trial court. 9.
9. Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.