Mitrapal Singh Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1120264
CourtPunjab and Haryana High Court
Decided OnJan-08-2014
AppellantMitrapal Singh
RespondentState of Punjab
Excerpt:
in the high court of punjab & haryana at chandigarh crl. misc. no.m-21407 of 2013 date of decision: january 08, 2014 mitrapal singh .petitioner versus state of punjab .respondent coram: hon'ble mr.justice surinder gupta present: mr.m.s.sandhu, advocate for the petitioner. surinder gupta, j the petitioner has sought to quash the order dated 18.5.2013 (annexure p/3) passed by the special court, ludhiana, dismissing his application for release of canter bearing registration no.up-21-an-6307 on spurdari. heard. in the instant case, 51 gunny bags, weighing 35 kg each of poppy husk were recovered from the canter bearing registration no.up-21- an-6307. the police registered the case fir no.210dated 18.9.2012 under sections 15/25 narcotic drugs & psychotropic substances act, 1985 at police station sadar, jagraon. the petitioner has sought spurdari of the confiscated vehicle claiming himself to be the registered owner but his request was declined by the special court, ludhiana on the ground that the proceedings are being initiated with the competent authorities under ndps act at new delhi for confiscation of the case property. it has been submitted that no such steps have so far been taken for confiscation of the vehicle under section 60 of the n.d.p.s.act. the deepak kumar 2014.01.10 11:15 i attest to the accuracy and integrity of this document which has been signed by the hon'ble bench high court, chandigarh crl. misc. no.m-21407 of 2013 -2- special court, ludhiana has not given any cogent and convicting reason for declining the release of the vehicle on spurdari. the matter is remitted back to the special court, ludhiana to look into the facts and pass a fresh order within seven days of the receipt of the certified copy of the order. parties are directed to appear before the special court, ludhiana. disposed of accordingly. january 08, 2014 (surinder gupta) deepak judge deepak kumar 2014.01.10 11:15 i attest to the accuracy and integrity of this document which has been signed by the hon'ble bench high court, chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.

Misc.

No.M-21407 of 2013 Date of decision: January 08, 2014 Mitrapal Singh .Petitioner versus State of Punjab .Respondent Coram: Hon'ble Mr.Justice Surinder Gupta Present: Mr.M.S.Sandhu, Advocate for the petitioner.

Surinder Gupta, J The petitioner has sought to quash the order dated 18.5.2013 (Annexure P/3) passed by the Special Court, Ludhiana, dismissing his application for release of Canter bearing registration No.UP-21-AN-6307 on spurdari.

Heard.

In the instant case, 51 gunny bags, weighing 35 kg each of poppy husk were recovered from the Canter bearing registration No.UP-21- AN-6307.

The police registered the case FIR No.210dated 18.9.2012 under Sections 15/25 Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Sadar, Jagraon.

The petitioner has sought spurdari of the confiscated vehicle claiming himself to be the registered owner but his request was declined by the Special Court, Ludhiana on the ground that the proceedings are being initiated with the competent authorities under NDPS Act at New Delhi for confiscation of the case property.

It has been submitted that no such steps have so far been taken for confiscation of the vehicle under Section 60 of the N.D.P.S.Act.

The Deepak Kumar 2014.01.10 11:15 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh Crl.

Misc.

No.M-21407 of 2013 -2- Special Court, Ludhiana has not given any cogent and convicting reason for declining the release of the vehicle on spurdari.

The matter is remitted back to the Special Court, Ludhiana to look into the facts and pass a fresh order within seven days of the receipt of the certified copy of the order.

Parties are directed to appear before the Special Court, Ludhiana.

Disposed of accordingly.

January 08, 2014 (Surinder Gupta) deepak Judge Deepak Kumar 2014.01.10 11:15 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh