Present: Mrs. Rupinder Kaur Thind Advocate Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1064091
CourtPunjab and Haryana High Court
Decided OnJul-22-2013
AppellantPresent: Mrs. Rupinder Kaur Thind Advocate
RespondentState of Punjab
Excerpt:
crl. misc. not m-9370 of 2013 (o&m) [ 1 ].in the high court of punjab & haryana, chandigarh crl. misc. not m-9370 of 2013 (o&m) date of decision: july 22,2013 jagir singh .......................................petitioner versus state of punjab ..............................respondent coram: hon'ble ms.justice ritu bahri 1.to be referred to the reporters or not?.”2. whether the judgment should be reported in the digest?. present: mrs.rupinder kaur thind, advocate for the petitioner. mr.amrit pal singh gill, aag, punjab..ritu bahri, j. (oral) challenge is to the order dated 23.2.2013 (annexure p5) whereby an application made for release of tractor mohindra 275 d.1 bearing registration not pb-02-ab- 1470 on sapurdari has been dismissed. it is not disputed between the parties that the recovery of 275 grams of heroin has been effected from ravinder singh and 325 grams of heroin from karamjit singh. the petitioner is the owner of the aforesaid tractor and is father of ravinder singh. nothing has been recovered kaur rupinder 2013.07.25 10:50 i attest to the accuracy and integrity of this document chandigarh crl. misc. not m-9370 of 2013 (o&m) [ 2 ].from the conscious possession of the petitioner and the heroin was neither recovered from the vehicle in question. confiscation proceedings regarding the vehicle have not yet started. a co-ordinate bench of this court in nirmal singh v. state of punjab 2007 (1) r.c.r.(criminal) 986 has ordered the release of vehicle on sapurdari in case of a scorpio in a trial under the ndps act. in paragraph 12 it has been observed as under:- “12. in harpreet singh v. state of punjab, 2006(4) rcr (crl.) 719 (p&h).this court while relying upon sunderbhai ambalal desai v. state of gujarat, 2003 (1) rcr (crl.) 380 (sc) and roop chand and company v. state of punjab, 1996(1) rcr (crl.) 401 (p&h) allowed the prayer of the accused petitioner there in for release of the vehicle on superdari in a case under the provisions of ndps act.” it is not disputed by the counsel for the state, on instructions from asi kulwinder singh that the confiscation proceedings regarding the vehicle are not yet started. it has been in custody since 24.10.2012 i.e.for the last 7-8 months and the trial is not likely to conclude in the near future and no useful purpose would be served by keeping the vehicle parked in the police station. accordingly, this petition is allowed and the order kaur rupinder 2013.07.25 10:50 i attest to the accuracy and integrity of this document chandigarh crl. misc. not m-9370 of 2013 (o&m) [ 3 ].dated 23.2.2013 (annexure p5) is set aside. the vehicle in question is ordered to be released on superdari to the petitioner on his executing personal bond in the sum of `two lacs with one surety in the like amount with an undertaking to the effect that as and when the trial court would require the said vehicle, he will produce the same in the same condition at his own cost before the concerned court. he shall also furnish an undertaking that in future, he will not use the said vehicle for such an offence. 22.7.2013 ( ritu bahri ) rupi judge kaur rupinder 2013.07.25 10:50 i attest to the accuracy and integrity of this document chandigarh
Judgment:

Crl.

Misc.

not M-9370 of 2013 (O&M) [ 1 ].IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl.

Misc.

not M-9370 of 2013 (O&M) Date of Decision: July 22,2013 Jagir Singh .......................................Petitioner Versus State of Punjab ..............................Respondent Coram: Hon'ble Ms.Justice Ritu Bahri 1.To be referred to the Reporters or not?.”

2. Whether the judgment should be reported in the Digest?.

Present: MRS.Rupinder Kaur Thind, Advocate for the petitioner.

Mr.Amrit Pal Singh Gill, AAG, Punjab..RITU BAHRI, J.

(Oral) Challenge is to the order dated 23.2.2013 (Annexure P5) whereby an application made for release of Tractor Mohindra 275 D.1 bearing registration not PB-02-AB- 1470 on sapurdari has been dismissed.

It is not disputed between the parties that the recovery of 275 grams of heroin has been effected from Ravinder Singh and 325 grams of heroin from Karamjit Singh.

The petitioner is the owner of the aforesaid tractor and is father of Ravinder Singh.

Nothing has been recovered Kaur Rupinder 2013.07.25 10:50 I attest to the accuracy and integrity of this document Chandigarh Crl.

Misc.

not M-9370 of 2013 (O&M) [ 2 ].from the conscious possession of the petitioner and the heroin was neither recovered from the vehicle in question.

Confiscation proceedings regarding the vehicle have not yet started.

A Co-ordinate Bench of this Court in Nirmal Singh v.

State of Punjab 2007 (1) R.C.R.(Criminal) 986 has ordered the release of vehicle on sapurdari in case of a Scorpio in a trial under the NDPS Act.

In paragraph 12 it has been observed as under:- “12.

In Harpreet Singh v.

State of Punjab, 2006(4) RCR (Crl.) 719 (P&H).this Court while relying upon Sunderbhai Ambalal Desai v.

State of Gujarat, 2003 (1) RCR (Crl.) 380 (SC) and Roop Chand and Company v.

State of Punjab, 1996(1) RCR (Crl.) 401 (P&H) allowed the prayer of the accused petitioner there in for release of the vehicle on superdari in a case under the provisions of NDPS Act.”

It is not disputed by the counsel for the State, on instructions from ASI Kulwinder Singh that the confiscation proceedings regarding the vehicle are not yet started.

It has been in custody since 24.10.2012 i.e.for the last 7-8 months and the trial is not likely to conclude in the near future and no useful purpose would be served by keeping the vehicle parked in the Police Station.

Accordingly, this petition is allowed and the order Kaur Rupinder 2013.07.25 10:50 I attest to the accuracy and integrity of this document Chandigarh Crl.

Misc.

not M-9370 of 2013 (O&M) [ 3 ].dated 23.2.2013 (Annexure P5) is set aside.

The vehicle in question is ordered to be released on superdari to the petitioner on his executing personal bond in the sum of `two lacs with one surety in the like amount with an undertaking to the effect that as and when the trial Court would require the said vehicle, he will produce the same in the same condition at his own cost before the concerned Court.

He shall also furnish an undertaking that in future, he will not use the said vehicle for such an offence.

22.7.2013 ( RITU BAHRI ) Rupi JUDGE Kaur Rupinder 2013.07.25 10:50 I attest to the accuracy and integrity of this document Chandigarh