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2007 DIGILAW 437 (PNJ)

Kulwant Singh v. State of Haryana

2007-03-13

SATISH KUMAR MITTAL

body2007
JUDGMENT Satish Kumar Mittal, J. - Petitioner Kulwant Singh has filed this revision petition against the order dated 17.2.2007, passed by Presiding Officer, Special Court, Kurukshetra, whereby the application filed by the petitioner in a case registered under Sections 18, 29, 61, 85 of the NDPS Act, for release of his Scorpio vehicle bearing registration No. PB-11-AD-0130 on sapurdari has been dismissed. 2. I have heard counsel for the parties and gone through the impugned order. 3. In this case, as per the prosecution case, accused Gursharan Singh and Gurdeep Singh, while travelling in the aforesaid vehicle, were carrying 400 grams and 300 grams of opium, respectively and FIR No. 7 dated 6.1.2007 was registered against them under Sections 18, 29, 61, 85 of the NDPS Act. 4. Counsel for the petitioner contends that firm M/s. Kulwant Singh Gursharan Singh is the registered owner of the vehicle in question and petitioner Kulwant Singh is one of the partners of the firm. He is not the accused in the case. He submits that the contraband were being allegedly carried by the accused persons in their pockets and the vehicle was not being used for transporting the contraband. He further contends that conclusion of the trial in the aforesaid FIR will take a long time and if, the vehicle is not released, it will not only damage its condition, but the petitioner will face difficulty in his day-to-day functioning and the police is mis-using the vehicle. He further submits that the petitioner is ready to give an undertaking that as and when the Court requires the aforesaid vehicle, he will produce the same in he same condition. 5. Undisputedly, the trial in the aforesaid FIR is still pending before the trial Court and the petitioner is not the accused in the case. He is the partner of the firm M/s. Kulwant Singh Gursharan Singh, who is registered owner of the vehicle. At present, the vehicle is standing in the police station. No useful purpose will be served, if it is allowed to remain in the police station and it will also result into its damage. 6. He is the partner of the firm M/s. Kulwant Singh Gursharan Singh, who is registered owner of the vehicle. At present, the vehicle is standing in the police station. No useful purpose will be served, if it is allowed to remain in the police station and it will also result into its damage. 6. Thus, keeping in view the aforesaid facts and in view of the undertaking given by the petitioner, as indicated above, it will be in the interest of justice if the said vehicle is ordered to be released on sapurdari to the petitioner, who is admittedly its registered owner, on his furnishing proper undertaking. 7. Accordingly, this revision petition is allowed, the impugned order dated 17.2.2007, passed by Presiding Officer, Special Court, Kurukshetra, is set aside and the Scorpio vehicle bearing registration No. PB-11-AD-0130 is ordered to be released on sapurdari to the petitioner on his furnishing personal bond in the sum of Rs. 3,00,000/- with one surety in the like amount with an undertaking to the effect that he shall not sell or alienate it, shall not change its colour or condition and shall produce it in the same condition at his own cost as and when the trial Court requires it. He shall also give undertaking that in future, he will not use this vehicle for transporting intoxicant or any other criminal activity nor he will allow it to be used for such an activity by any person. Petition allowed.