ORDER 1. This is a petition for release of Mahindra Bolero Pickup vehicle bearing registration No. MP14 GC 0325 which is seized by the police from possession of one Hemraj S/o Nagulal in Crime No.160/2016 under section 8/15 of NDPS Act, 1985. 2. The petitioner is a finance company. On receipt of notice, owner of the vehicle- Hemraj appeared in the trial Court and alleged that he had sold out the vehicle to Kamlesh Patidar and received a sum of Rs. 2,50,000/-. The remaining amount was agreed to be paid to the Finance Company in installments by Kamlesh Patidar and if the Finance Company receives the custody of the vehicle, he has no objection. 3. Objection of the prosecution is that the aforesaid vehicle was being used for transportation of contraband article and subject to confiscation. 4. Learned trial Court has dismissed the application considering the seriousness of the offence. 5. The State has not disputed that the vehicle was purchased with the financial assistance of the petitioner under hire purchase agreement and EMIs have not been paid by the purchaser till the date of its seizure. 6. Looking to the evidence collected during investigation, the judgment of the Hon. Supreme Court passed in the matter of Bharath Mehta v. State of M.P. reported in (2008) 5 SCC 752 and other facts and circumstances of the case, chances of requirement of the vehicle during the prosecution evidence are very bleak. 7. The Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat, reported in (2002) AIR SCW 5301 has held that the articles seized in any criminal case are not to be kept for long time at Police Station and in any case for not more than 15 days to one month and the owner of the article should not suffer because of its remaining unused or misappropriated at Police Station. 8. Undisputedly, the condition of the vehicle is deteriorating day by day as the same is lying open to sky and under the heat of sun and rains. The vehicle is loosing its value day by day due to lack of maintenance, natural wear and tear and passing of time. 8. Undisputedly, the condition of the vehicle is deteriorating day by day as the same is lying open to sky and under the heat of sun and rains. The vehicle is loosing its value day by day due to lack of maintenance, natural wear and tear and passing of time. Considering the facts that the ownership of the petitioner on the said vehicle is not contested by the respondents, the vehicle is lying idle since long in the Police Station, no need has been shown by the respondent/State that the said vehicle is needed during trial and there is no likelihood of early conclusion of the trial, I deem it proper to allow the petition and allow the interim custody of the said pick up vehicle to the petitioner on Supurdginama. 9. Considering the aforesaid facts and circumstances of the case, I am of the view that it is a fit case to release the Mahindra Bolero Pickup van bearing No. MP14 GC 0325 to the custody of applicant, therefore, this petition is allowed. It is directed that the Mahindra Bolero Pickup van bearing No. MP14 GC 0325 be released on Supurdagi into the custody of the petitioner- Cholamandlam Investments and Finance Co. Ltd. on furnishing Supurdaginama of Rs. 5,00,000/- (Rupees Five Lacs Only) subject to the condition following conditions : (I) The petitioner shall not change the original nature/colour of the vehicle. (II) The petitioner will not alienate or transfer the said vehicle to any third party or shall not create any interest of third party. (III) The petitioner shall produce the said vehicle before the Court as and when directed by the Court during trial at his own risk and cost. (IV) In case, in the opinion of the Court/Competent Authority, the petitioner does not produce the vehicle in the condition in which it was given in its possession, the petitioner shall pay the amount which would be determined by the Court/Competent Authority. (V) In case of confiscation of the vehicle by the Court/Competent Authority the petitioner shall produce the vehicle or the cost in the discretion of the Court/Competent Authority in lieu thereof as determined by the Competent Authority in case the vehicle is not produced in the same condition as it was given in his custody, at his own risk and cost as and when directed by the Competent Authority. 10. 10. With the aforesaid directions, petition stands disposed of.