JUDGMENT : Chandra Shekhar Jha, J. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The present quashing petition has been filed on behalf of the petitioner for quashing the order dated 16.03.2023 passed by the learned 15 th Additional Sessions Judge, Bhagalpur in NDPS Special P.S. Case No. 66/2021 in NCB Crime No. 20 of 2021 by which the learned court below was pleased to rejected the petition filed by the petitioner for release of the vehicle of the petitioner bearing registration no. NL 01K 1622 which was seized by the NCB in NCB crime no. 20 of 2021. 3. The brief facts of this case is that one 18 wheeler heavy weight troller (Truck) bearing Reg. No. NL 01K 1622 which belongs to this petitioner found involved in carrying 350 Kg of “Ganja” which is 17.5 times more than commercial quantity of “Ganja”. The “Ganja” is a prohibited drug in view of NDPS Act 1985. 4. For the aforesaid occurrence, on the basis of a written complaint, NDPS Case No. 66/2021 dated 14.03.2022 in NCB crime no. 20 of 2021 was registered under section 20(b)(2)(c), 25, 29 of NDPS Act. 5. A petition for release of aforesaid 18 wheeler heavy weight troller (Truck) was pressed before learned 15 th Additional Sessions Judge, Bhagalpur , by petitioner, which was rejected on 16.03.2023, considering the provision of Section 60 of the N.D.P.S. Act, as the vehicle in issue was used for carrying contraband i.e. Ganja and thus same is subject to confiscation. 6. Learned counsel appearing on behalf of the petitioner submitted that confiscation of vehicle in issue is yet to be made and keeping vehicle in police station shall not serve any judicial purpose, where petitioner is ready to produce the same before the Trial Court as and when directed, after its release, against adequate sureties, as directed by the Court. 7 . It is further submitted that in view of fact, as petitioner not appears connected in any manner with recovered “Ganja” his vehicle cannot be confiscated. In support of his submission learned counsel relied upon the the judgment of Hon’ble Supreme Court in the case of Bishwajit Dey Vs. The State of Assam as reported in 2025 SCC OnLine SC 40. 8. In support of his submission learned counsel relied upon the the judgment of Hon’ble Supreme Court in the case of Bishwajit Dey Vs. The State of Assam as reported in 2025 SCC OnLine SC 40. 8. In this context, learned counsel also relied upon the legal report of Hon’ble Supreme Court as available through Sunderbhai Ambalal Desai vs. State of Gujarat as reported in (2002)10 SCC 283. 9. It is further submitted that name of petitioner has been transpired in this case only being registered owner of the 18 wheeler heavy weight troller (Truck) found carrying “Ganja”. 10. Learned A.P.P. for the State, while opposing the quashing petition, submitted that petitioner is the registered owner of 18 wheeler heavy weight troller (Truck) bearing Reg. No. NL 01K 1622, which was involved in carrying 350 Kg of “Ganja”. 11. At this stage, it would further be apposite to reproduce the para nos. 21, 22, 23 and 26 of the Bishwajit Dey Case (supra), which reads as under:- 21. Upon a reading of the NDPS Act, this Court is of the view that the seized vehicles can be confiscated by the trial court only on conclusion of the trial when the accused is convicted or acquitted or discharged. Further, even where the Court is of the view that the vehicle is liable for confiscation, it must give an opportunity of hearing to the person who may claim any right to the seized vehicle before passing an order of confiscation. However, the seized vehicle is not liable to confiscation if the owner of the seized vehicle can prove that the vehicle was used by the accused person without the owner's knowledge or connivance and that he had taken all reasonable precautions against such use of the seized vehicle by the accused person. 22. This Court is further of the opinion that there is no specific bar/restriction under the provisions of the NDPS Act for return of any seized vehicle used for transporting narcotic drug or psychotropic substance in the interim pending disposal of the criminal case. 23. In the absence of any specific bar under the NDPS Act and in view of Section 51 of NDPS Act, the Court can invoke the general power under Sections 451 and 457 of the Cr. P.C. for return of the seized vehicle pending final decision of the criminal case. 23. In the absence of any specific bar under the NDPS Act and in view of Section 51 of NDPS Act, the Court can invoke the general power under Sections 451 and 457 of the Cr. P.C. for return of the seized vehicle pending final decision of the criminal case. Consequently, the trial Court has the discretion to release the vehicle in the interim. However, this power would have to be exercised in accordance with law in the facts and circumstances of each case. 26. If the respondent-State's interpretation is accepted, then in a case where an accused is arrested carrying heroin in a private plane or a private bus or a private ship without the knowledge and consent of the management and staff of the private plan or bus or ship, the plane/bus/ship would have to be seized till the trial is over! 12. It would also be apposite to reproduce the para no. 21 of the Sunderbhai Ambalal Desai Case (supra) , which reads as under:- “21. However, these powers are to be exercised by the Magistrate concerned. We hope and trust that the Magistrate concerned would take immediate action for seeing that powers under Section 451 CrPC are properly and promptly exercised and articles are not kept for a long time at the police station, in any case, for not more than fifteen days to one month. This object can also be achieved if there is proper supervision by the Registry of the High Court concerned in seeing that the rules framed by the High Court with regard to such articles are implemented properly.” 13. Consequently, as confiscation proceeding is yet to start the present application stands allowed with directions to the trial Court to release the Vehicle in question in the interim on superdari in favor of petitioner/ rightful owner after preparing a video and still photographs of the vehicle i.e., 18 wheeler heavy weight troller (Truck) bearing registration No. NL 01K 1622 after obtaining all information/documents necessary for identification of the vehicle, which shall be authenticated by the Investigating Officer, owner of the Vehicle and accused by signing the same. Further, the petitioner shall not sell or part with the ownership of the Vehicle till conclusion of the trial and shall furnish an undertaking to the trial court that she shall he would produce the aforesaid Vehicle within one week of being so directed and/or pay the value of the Vehicle (determined according to Income Tax law on the date of its release), if so ultimately directed by the Court. 14. Considering the aforesaid, the order dated 16.03.2023 as passed by the learned 15 th Additional Sessions Judge, Bhagalpur in NDPS Special P.S. Case No. 66/2021 in NCB Crime No. 20 of 2021 is hereby quashed and set aside. 15. Accordingly the seized 18 wheeler heavy weight troller (Truck) bearing registration no. NL 01K 1622 with aforesaid conditions be released in favour of petitioner on furnishing proper sureties to the satisfaction of the learned 15 th Additional Sessions Judge, Bhagalpur in NDPS Special P.S. Case No. 66 of 2021 in NCB Crime No. 20 of 2021 16. The application stands allowed. 17. Let a copy of this judgment be communicated to the learned Trial Court forthwith.