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2013 DIGILAW 1467 (PNJ)

Vinay Bhanot v. State of Punjab

2013-11-08

Ritu Bahri

body2013
JUDGMENT Ms. Ritu Bahri, J. (Oral):- Challenge is to the order dated 9.9.2013 passed by the Judicial Magistrate Ist Class, Ajnala, whereby the application of the petitioner for release of his TATA ACE (Chota Hathi) bearing registration No. PB-02-BD-9552 on supurdari has been dismissed. 2. The FIR has been registered under Section 379 IPC and Section 21 of the Mines and Minerals (Development & Regulation) Act, 1957 and the aforesaid vehicle was taken into custody. 3. Counsel for the State, on instructions from ASI Kabal Singh, has informed the Court that after investigation the challan has been presented on 15.6.2013. The vehicle is in custody since 11.4.2013. The respondents have no objection if the vehicle be released on Supurdari to its owner. However, the application has been rejected on the ground that the provisions of the Act have to be followed strictly and the compounding of the offences has been discouraged. 4. Heard counsel for the parties. 5. The vehicle in question is parked in the police station since 11.4.2013 and no useful purpose would be served by keeping it there. If the same is not released to its registered owner, the same may be reduced to scrap without proper care and maintenance. Admittedly, the petitioner is the registered owner of the vehicle. The police has no objection in releasing the vehicle on supurdari on just and appropriate terms and conditions. In Sunderbhai Ambalal Desai v. State of Gujarat 2003 (1) RCR (Crl) 380 (SC), the Apex Court has held that powers under section 451 of the Code should be exercised expeditiously and judiciously. 6. Accordingly, this petition is allowed and the order dated 9.9.2013 passed by the Judicial Magistrate Ist Class, Ajnala, is set aside. The vehicle TATA ACE (Chota Hathi) bearing registration No. PB-02-BD-9552 is ordered to be released on supurdari to the petitioner, who is the registered owner, subject to his furnishing sapurdarinama to the satisfaction of the Illaqa Magistrate on the terms and conditions imposed by him and on filing the specific undertaking that he will produce the vehicle in question as and when required by the Court and will not sell the same without permission of the Court. ---------0.B.S.0------------