Adarsh Kumar Goel, J. — This petitioner sought custody of the vehicle belonging to him which was declined on the ground that the vehicle may be used for offence under the Narcotic Drugs and Psychotropic Substances Act.
2. Learned counsel for the petitioner submits that the vehicle should not be kept in police station for a long period. In the present case FIR is more them two years old and there is no progress in the trial. Reliance is placed on Sunderbhai Ambalal Desai v. State of Gujarat, 2003 (1) RCR (Criminal) 380.
3. Accordingly, a direction is issued to the trial court to pass a fresh order. The trial court will make an assessment whether the trial can be concluded within six months. If not, the trial court will dispose of the issue of custody of the vehicle in accordance with law. If the vehicle is to be released to the petitioner, appropriate conditions will be laid down for protection of the vehicle periodically and taking appropriate precaution that the vehicle is not misused. Any other condition as may be considered appropriate will also be laid down by the trial court.
4. Petition is disposed of.
Petition allowed.