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2013 DIGILAW 1579 (PNJ)

Pardeep Kumar v. State of Punjab

2013-11-29

Ram Chand Gupta

body2013
JUDGMENT Mr. Ram Chand Gupta, J. (Oral):- The present revision petition has been filed against order dated 02.09.2013 passed by learned Judge, Special Court, Sri Muktsar Sahib vide which application of petitioner for releasing his Indigo car bearing registration No.MH-31-CM-3897 on Sapurdari during pendency of trial, was declined. Heard. 2. It has been contended by learned counsel for petitioner that there is no dispute that he is owner of the vehicle bearing registration No. MH-31- CM-3897 and that however, his application for releasing the said vehicle on Sapurdari to him subject to any conditions that may deem to be imposed by the trial court, was declined merely on the ground that poppyhusk was recovered from the said car. He has also placed reliance upon Sunderbhai Ambalal Desai v. State of Gujarat, 2003(1) RCR (Crl.) 380 and contended that, normally, vehicles should not be kept for long in custody. 3. The application has been opposed by learned counsel for respondent-State on the plea that there is heavy recovery of poppyhusk from the car owned by the present petitioner. 4. Be that as it may, ownership of the vehicle of petitioner is not disputed. The vehicle is not required for any further investigation. The same is lying in the police station and hence, likely to be damaged with the passage of time. 5. Hence, in view of these facts, the impugned order passed by learned trial court is set aside. 6. Learned trial court is directed to reconsider the application of petitioner for releasing his Indigo car bearing registration No. MH-31-CM- 3897 on Sapurdari in the light of observations made by this Court. 7. Disposed of accordingly. ---------0.B.S.0------------