JUDGMENT 1. - Heard. 2. Learned Public Prosecutor is directed to accept the notice on behalf of State which he accepted. 3. This is a revision to release motor cycle which was detained by the police. The petitioner says that he is the registered owner and submitted a petition before the Special Judge, NDPS Cases, Srigangangar but the learned Judge vide his order dated 10.11.1997 rejected the prayer on two grounds, firstly that the petitioner had not produced any document about his ownership of the vehicle and secondly that the vehicle was liable to confiscate under section 60 of the NPDS Act. 4. Learned counsel for the petitioner submitted that the vehicle is no more required for any investigation and that it will be soiled if it remains in police custody as there are no arrangements at the police station to keep such vehicles. He also submitted that the original documents about registration of the vehicle is in the possession of his client and the same can be presented before the learned Special Judge. He has shown the photostat copies of the registration certificate in his name as well as insurance papers relating to the vehicle.On the other hand, learned PP has opposed the petition on the ground that the petitioner might not be the registered owner of the vehicle but he submitted that the fact may be got verified from the concerned R.T.O. 5. Learned counsel for the petitioner cited Ranjeet Singh v. State of Raj., 1996 Cr. L.R. (Raj.) page 256 which is based on Bal Mukand & Anr. v. State of Raj., 1994 Cr. L.R. (Raj.) page 4 . He has also cited S.B. Cr. Revision Petition No. 431/97, Satish Kumar v. State of Raj., decided on 17.10.1997. 6. True that the vehicle is subject to confiscation but it is also a fact that the police stations do not have proper arrangements to keep such vehicles. The vehicle may be spoiled if it is allowed to lie at the police station. 7.
Revision Petition No. 431/97, Satish Kumar v. State of Raj., decided on 17.10.1997. 6. True that the vehicle is subject to confiscation but it is also a fact that the police stations do not have proper arrangements to keep such vehicles. The vehicle may be spoiled if it is allowed to lie at the police station. 7. Considering all the facts and circumstances of this case and having regard to the principles laid down by this Court in the above mentioned cases, I deem it proper to order that the aforesaid motor cycle No. RJ-30-3M-0562 shall be released on supardginama to the petitioner on production of registration certificate duly verified by the concerned R.T.O. on his satisfying the following conditions:- (i) Petitioner shall furnish personal bond in the sum of Rs. 30,000/- (Rupees thirty thousand only) together with two sureties in the sum of Rs. 15,000/- (Rupees fifteen thousand only) each to the satisfaction of the learned trial Court with the condition that the vehicle shall be produced in the Court as and when required to do so; (ii) the petitioner shall also get the vehicle photographed showing the registration number as well as the chasis number. Such photographs shall be taken in presence of the Investigating Officer to be kept on the file of the case. The photographs shall be submitted in duplicate; (iii) the personal bonds of the petitioner and bonds of sureties shall carry the photographs of the petitioner and his sureties and the bonds of the sureties shall further carry the photographs of persons identifying them before the Court with full residential particulars of the sureties and the person identifying them and additional set of these photographs shall also be furnished to the Court and shall be part of the record; (iv) the petitioner shall not transfer the ownership of the vehicle and shall not lease it to any one and shall not make or allow any changes in it to be made so as to make it unidentifiable; (v) the petitioner shall not use the vehicle for carrying any contraband goods. In case if he is found to repeat such an offence by this vehicle the supardginama shall stand cancelled without reference to this Court. The revision petition is accordingly allowed and the order of learned Special Judge, NDPS Cases, Srigangangar is set aside.Revision allowed. *******