(1.) This misc. petition is directed against the order dt. 25-10-97 passed by the learned Special Judge, N.D.P.S. Cases, Chittorgarh whereby he dismissed the application of the petitioner for handing over Motor Cycle No. RNS-7127 to him.
(2.) Mr. Mehta pointing out that the motor cycle has not been claimed by any other person contends that if it is allowed to lie in the police station it will get damaged. Relying on the case of Bal Mikand v. State, 1994 Cri LR (Raj) 4, he submits that the motor cycle should be given to the petitioner on furnishing 'Superdginama'.
(3.) The learned Public Prosecutor contends that the motor cycle was used to carry opium and this is likely to be confiscated under Section 60 of the N.D.P.S. Act, 1985, and hence the learned Special Judge has rightly refused the delivery of the motor cycle to the petitioner.