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2013 DIGILAW 2 (PNJ)

Iqbal Singh v. State of Punjab

2013-01-07

RAM CHAND GUPTA

body2013
JUDGMENT Mr. Ram Chand Gupta, J. (Oral) - The present revision petition has been filed against the order dated 13.10.2012 passed by learned Judge, Special Court, Ropar vide which application of petitioner for release of truck bearing registration No.WB-41C-6454 on superdari during the pendency of trial in case FIR No.82 dated 7.6.2012 under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Kurali, was dismissed. 2. I have heard learned counsel for the parties and have gone through the whole record. 3. It has been contended by learned counsel for the petitioner-applicant that he is owner of the said truck and that his driver was arrested for allegedly keeping in his possession 53 kg of poppy-husk in the said truck and he is already in custody. Further contended that the truck was taken into possession by the police and the same is lying in the police station and being damaged. It is further contended hat petitioner has moved application for releasing the said truck on superdari pending trial and even the State was having no objection in releasing the said vehicle to the petitioner on superdari as per reply Annexure P-2 filed before the trial Court and despite that his request was declined. Further contended that petitioner undertakes that he would preserve the vehicle in same condition and would not dispose of the same to anybody and will produce the same before the Court on each and every date of hearing. 4. Learned counsel for the respondent-State on instructions from ASI Lakhbir Singh stated that reply was filed on behalf of respondent-State in the trial Court that police has no objection in releasing the said truck and that the truck is lying parked in the police station. 5. In view of the same, the present revision petition is accepted and the truck in dispute bearing registration No.WB-41C-6454 is ordered to be released on superdari to its registered owner on furnishing superdginama to the satisfaction of learned Judge, Special Court, Ropar on the conditions that he will preserve the said truck in the same condition during the pendency of the trial, will not dispose of the same and produce the same in the trial Court on each and every date of hearing. 6. Disposed of accordingly.