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2013 DIGILAW 217 (PNJ)

Balwinder Singh v. State of Punjab

2013-02-19

AJAY TEWARI

body2013
JUDGMENT Mr. Ajay Tewari, J. (Oral) :- This petition has been filed against the rejection of the plea of the petitioner for releasing the Tippers on sapurdari. 2. On 05.02.2013 the following contention was noticed:- “Learned counsel argues that the Tipper of the petitioner was taken on rent by a Contractor for lifting sand and neither the petitioner nor the driver had any knowledge that this was an illegal operation. The driver of the petitioner has been made accused and the Tipper of the petitioner has been taken into custody and the Courts below have refused to even release it on sapurdari. Thus the real person who is involved in an illegal mining has not even been made accused while the petitioner and his driver have been made scapegoats.” 3. Today the learned Assistant Advocate General on instructions from S.I. Baldev Singh has stated that on the same day actually two FIRs were lodged against the drivers of the petitioner for illegal sand mining and both of his Tippers were taken into custody and in case the Tippers are released on sapurdari there is a likelihood that the petitioner will again indulge in illegal sand mining. 4. However, learned counsel for the petitioner has countered by arguing that at this stage the petitioner cannot be presumed to be guilty and in case the vehicle is kept for a long period in the police station it will become scrap and that will be in nobody’s interest. He has further stated that the prayer for sapurdari can be accepted subject to heavy surety to the effect that in case the vehicle is again used for any illegal purposes the surety can be forfeited. 5. Learned Assistant Advocate General has not been able to counter the logic of this suggestion. 6. Resultantly, the petition is allowed. The impugned orders dated 02.01.2013 and 17.01.2013 are set aside and the Sub-Divisional Judicial Magistrate, Anandpur Sahib is directed to release the Tippers of the petitioner on sapurdari after taking heavy surety in the terms mentioned above. 7. Since the main case has been decided, the pending criminal miscellaneous application, if any, also stands disposed of.