Present: Mr.Vivek Salathia Advocate Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1062921
CourtPunjab and Haryana High Court
Decided OnJul-11-2013
AppellantPresent: Mr.Vivek Salathia Advocate
RespondentState of Punjab
Excerpt:
in the high court of punjab and haryana at chandigarh crr no.1757 of 2013 (o&m) date of decision:11. 7.2013 bakshish singh ......petitioner versus state of punjab .......respondent coram: hon'ble mrs.justice sabina present: mr.vivek salathia advocate, for the petitioner. mr.deep singh aag, punjab. **** sabina, j. this petition has been filed by the petitioner under section 401 of the code of criminal procedure, 1973 challenging order dated 13.5.2013, whereby his request for release of the truck in question on sapurdari was declined. after hearing learned counsel for the petitioner as well as learned state counsel, i am of the opinion that this petition deserves to be allowed. in the present case, fir no.67 dated 30.4.2013 under section 379 of the indian penal code, 1860 and section 21 (1) of the mine act, 1952 has been registered on the ground that the truck in question bearing not pb-05-t-9887, filled with sand, was apprehended and was taken in police custody. the driver of the truck had fled away from the spot. application moved by the petitioner, who is the registered owner of the truck in question, was dismissed by the trial court on the ground that as the truck was being crr no.1757 of 2013 (o&m) -2- used for illegal mining it could not be released on sapurdari. petitioner is, admittedly, the owner of the truck in question. police had submitted that it had no objection, if the vehicle in question was released to the petitioner. the truck in question is lying parked in the police station. no purpose is going to be served by keeping the truck in police station. in case the truck in question is not released to its original owner, the same may be reduced to scrap as there would be no proper care and maintenance of the truck. accordingly, this petition is allowed. the truck in question bearing not pb-05-t-9887 is ordered to be released on sapurdari to the petitioner, who is the registered owner, subject to his furnishing the requisite bond to the satisfaction of the area magistrate. petitioner shall also furnish an undertaking that the truck in question shall not be used in future for illegal mining. (sabina) judge july 11, 2013 anita
Judgment:

In the High Court of Punjab and Haryana at Chandigarh CRR No.1757 of 2013 (O&M) Date of decision:

11. 7.2013 Bakshish Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.Vivek Salathia Advocate, for the petitioner.

Mr.Deep Singh AAG, Punjab.

**** SABINA, J.

This petition has been filed by the petitioner under Section 401 of the Code of Criminal Procedure, 1973 challenging order dated 13.5.2013, whereby his request for release of the truck in question on sapurdari was declined.

After hearing learned counsel for the petitioner as well as learned State counsel, I am of the opinion that this petition deserves to be allowed.

In the present case, FIR No.67 dated 30.4.2013 under Section 379 of the Indian Penal Code, 1860 and Section 21 (1) of the Mine Act, 1952 has been registered on the ground that the truck in question bearing not PB-05-T-9887, filled with sand, was apprehended and was taken in police custody.

The driver of the truck had fled away from the spot.

Application moved by the petitioner, who is the registered owner of the truck in question, was dismissed by the trial Court on the ground that as the truck was being CRR No.1757 of 2013 (O&M) -2- used for illegal mining it could not be released on sapurdari.

Petitioner is, admittedly, the owner of the truck in question.

Police had submitted that it had no objection, if the vehicle in question was released to the petitioner.

The truck in question is lying parked in the police station.

No purpose is going to be served by keeping the truck in police station.

In case the truck in question is not released to its original owner, the same may be reduced to scrap as there would be no proper care and maintenance of the truck.

Accordingly, this petition is allowed.

The truck in question bearing not PB-05-T-9887 is ordered to be released on sapurdari to the petitioner, who is the registered owner, subject to his furnishing the requisite bond to the satisfaction of the Area Magistrate.

Petitioner shall also furnish an undertaking that the truck in question shall not be used in future for illegal mining.

(SABINA) JUDGE July 11, 2013 anita