Judgment:
Criminal Revision 1780 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision 1780 of 2013 (O&M) Date of Decision: February 12, 2014 Jora Singh .....Petitioner VERSUS State of Punjab and another .....Respondents CORAM: HON'BLE Mr.JUSTICE T.P.S.MANN Present : Mr Vivek Goel, Advocate for the petitioner.
Ms Amarjit Kaur Khurana, Addl.
A.G.Punjab T.P.S.MANN, J.
The petitioner has filed the present revision under Section 401 Cr.P.C for challenging the order dated 9.5.2013 (Annexure P-5) passed by Judge, Special Court, Faridkot, whereby the application dated 4.9.2012 (Annexure P-4) moved by him for release of his vehicle on sapurdari was declined.
According to the prosecution, the vehicle i.e.Mahindra Scorpio bearing registration No.PB-04R-0635 is owned by the petitioner but the same was used by his sons Resham Singh and Nirmal Singh for transporting contraband i.e.poppy husk and in that regard FIR No.75 dated 25.6.2012 under Sections 15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 stood registered against them at Police Station Sadar, Kotkapura, District Faridkot.
For that reason, the vehicle belonging to the petitioner was impounded and it was liable to be confiscated.
Learned counsel for the petitioner submits that the petitioner is registered owner of the aforementioned vehicle.
The trial of the case is likely to take a long time.
Till date, the vehicle in question has not been Sharma Parmeshwar Dutt 2014.02.18 09:49 I attest to the accuracy and integrity of this document Chandigarh Criminal Revision 1780 (O&M) -2- confiscated.
The same is lying parked in the open and with the passage of time and on account of vagaries of nature, the vehicle is likely to reduce to junk in near future.
Therefore, the same ought to have been released in favour of the petitioner on sapurdari.
Learned State counsel has opposed the prayer made on behalf of the petitioner by submitting that two sons of the petitioner were apprehended while carrying huge quantity of poppy husk in the vehicle, which stood registered in the name of the petitioner.
Further, the two sons of the petitioner are involved in a number of cases.
In this regard, attention of the Court is drawn to the reply of Deputy Superintendent of Police (SD).Kotkapura, as per which six cases stand registered against Resham Singh and two against Nirmal Singh.
However, he stated that the petitioner is not involved in any case.
The vehicle is presently parked in the open and not under any coveRs.In case, the same is not taken care of or not released to the petitioner, who is its registered owner, the same is likely to become a piece of junk with the passage of time.
Under these circumstances and also keeping in mind the judgment of the Hon'ble Supreme Court in Sunderbhai Ambalal Desai vs State of Gujrat, 2003 (1) RCR (Crl.) 380 (SC).a case is made out for release of the vehicle in question to the petitioner on sapurdari.
In view of the above, the revision is allowed, order dated 9.5.2013 (Annexure P-5) passed by Judge, Special Court, Faridkot dismissing the application of the petitioner for release of his vehicle i.e.Mahindra Scorpio bearing registration No.PB-04R-0635 is set aside and it is ordered that the aforementioned vehicle be released on sapurdari in Sharma Parmeshwar Dutt 2014.02.18 09:49 I attest to the accuracy and integrity of this document Chandigarh Criminal Revision 1780 (O&M) -3- favour of the petitioner, who is its registered owner, subject to his furnishing appropriate bonds to the satisfaction of Illaqua Magistrate on the terms and conditions imposed by him and on filing of specific undertaking by the petitioner that he would produce the vehicle in question as and when required by the Court and will not sell the same without prior permission of the Court.
( T.P.S.MANN ) February 12, 2014 JUDGE pds Sharma Parmeshwar Dutt 2014.02.18 09:49 I attest to the accuracy and integrity of this document Chandigarh