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1985 DIGILAW 757 (RAJ)

Sajjan Sing v. The State

1985-11-19

BHATNAGAR

body1985
JUDGMENT 1. - At the request of the learned counsel for the petitioners, the petition was heard for final disposal today. 2. Heard learned counsel for the parties and perused the record. 3. The case of the prosecution is that from Tractor No. HRF 1126 and Tractor No. RRC 442 powder of poppy heads was recovered and the other two Tractors viz. PUD 590 and RRC 2299 were also used for such a purpose and subsequently at the instance of their owners the power of poppy heads was recovered. 4. Mr. Sidhu submitted that there is no evidence about the two Tractors not having powder of poppy heads being used for carrying it. Mr. Sidhu placed before me for perusal, the order dated September 23, 1985 by which the Truck No. CPU 7008, the original career of the powder of poppy head had been given on superdginama to its owner and submitted that when that Truck has been released, the case of the present petitioners stands on a weaker footing and the Tractors used for agricultural purpose should not be held up so as to cause loss to the owners. 5. In view of the facts and circumstances of the case specially when the Truck referred to above has been given on 'superdginame' the present petition u/s. 482 Cr. P.C. is allowed and the order dated September 30, 1985 rejecting the applications of the owners the four Tractors involved in the case is set aside. It is ordered that the Tractors No. HRF 1126 be given to the petitioner No. 1 Sajjan Singh, Tractor No. PUD 590 may be entrused on superdginama to petitioner No. 2 Niranjan Singh, Tractor No. RRC 442 to petitioner No. 3 Atma Singh and Tractor No. RRC 2299 to petitioner No.4 Gopi Singh on each of them executing a bond in the sum of One Lac with one surety in the like amount to the satisfaction of the Munsif and Judicial Magistrate, First Class Sangaria with following conditions:- (i) that the petitioners shall not sell, mortgage, transfer or otherwise part-with possession of the Tractors during the pendency of the trial and will keep the same in proper condition; and (ii) that they shall produce the same in the Court as and when required. Application Allowed. *******