The DPP's aim of seizing cars used for supplying drugs failed at the first attempt - but will not be deterred, warned acting director Kulandra Ratneser.

The Department of Public Prosecution's application to seize a Volkswagen Polo used by Shawn Troy Chaney Boyles to peddle drugs was rejected by a magistrate yesterday, although it is understood an appeal may be on its way.

Boyles, 30, of Southampton, was convicted in August of possession of crack cocaine with intent to supply and the DPP attempted to seize the vehicle, owned by his girlfriend, under Section 37 of the Misuse of Drugs Act.

Crown counsel Wayne Caines said that the car should have been forfeited as it "had been used in connection with a drugs offence."

"This car was a conduit for drugs," the court heard.

"A tool of his (Boyles') trade as a drug pusher."

Boyles was sentenced to three-and-a-half years in jail after being arrested in June last year in Camp Hill, an increased penalty zone, when he was found in possession of crack cocaine.

Police then searched his vehicle, which he had borrowed with permission from the owner, where further crack cocaine was found. Crack and cannabis were also found in his house.

And on October 6, while on Police bail, he was caught with cocaine with the intent to supply, in another increased penalty zone on Elliott Street.

But Acting Senior Magistrate William Francis rejected the application yesterday, stating that there was no proof that the vehicle had been used as part of the supply of drugs.

He said his judgment was based on Boyles' conviction being only for possession of controlled drugs and not supply.

But it is understood that the DPP are considering an appeal as the original conviction was also for supply.

Mr. Ratneser told The Royal Gazette that this was the first time the department had attempted to seize a vehicle and it would be doing so in the future.

"Under Section 37 of the Misuse of Drugs Act we can seize proceeds or things that have been used in the commission of, or in connection with, these offences," he said.

"It is something we are looking to do wherever it is appropriate.

"Although we have been thwarted on this occasion, we will not be deterred from continuing to attempt to seize vehicles where we believe they have been used in the supply of drugs."

An appeal has not been lodged yet, although it is understood it is likely in the next few days when the file has been further reviewed.