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2014 DIGILAW 475 (PNJ)

Sameera Ranjan v. State of Punjab

2014-03-10

R.P.NAGRATH

body2014
JUDGMENT Mr. R.P. Nagrath, J. (Oral):- The challenge in the instant petition is to the order passed by the learned Special Judge, Patiala declining the prayer for release of Honda car bearing Registration No.DL3CBE1071. 2. After hearing learned counsel for the petitioner and learned State counsel, I find that the order declining release of the vehicle on Supardari is perverse and cannot be sustained. 3. The fact that petitioner is owner of the vehicle in question is admitted. One Kashmir Singh son of Teja Singh was apprehended by the police alongwith two others, carrying poppy husk weighing 210 Kgs. in the aforesaid car on 20.7.2013 for which FIR No.69 dated 20.7.2013 (Annexure P-3) was registered. It is, however, not disputed that much prior thereto the petitioner lodged FIR No.23 dated 31.1.2013 (Annexure P-1) at Police Station Vasant Kunj, North Delhi with regard to the theft of his car and in the investigation of the said FIR untraced report was prepared. It has now been found that culprits in the NDPS case had changed the registration number of the car of the petitioner to CH03-D-6938 which was a fake number. In the report that was called by the Special Judge, petitioner was stated to be owner of the vehicle and police submitted no objection if the vehicle is released to the petitioner. The petitioner obviously had the right to get the vehicle released as he was admittedly not involved in FIR No.69 dated 20.7.2013 (Annexure P-3) registered under Section 15 of the NDPS Act. 4. Learned State counsel submits that against those three accused arrested under the NDPS Act, offences under Sections 199, 489, 482, 411 IPC have also been added. It is to be observed that case of prosecution was that there was fake No.CH03-D-6938 of the vehicle when apprehended but the Engine No.L15A30144839 and Chasis No.MAKGD851B8N403721 of the vehicle admittedly belongs to the petitioner as per the registration certificate. 5. To safeguard the interest of prosecution it is directed that photographs of the vehicle with number plate CH03-D-6938 shall be taken at the police station or Malkhana wherever the vehicle is lying under the supervision of Deputy Superintendent of Police of the Circle and the same be produced before the Special Judge for perusal immediately for record of the trial under the NDPS Act. 6. 6. In the circumstances and with the conditions aforesaid the impugned order passed by the Special Judge, Patiala dated 26.11.2013 is set aside and the vehicle in question bearing Engine No.L15A30144839 and Chasis No.MAKGD851B8N403721 be released to the petitioner on furnishing the personal undertaking with a surety to the satisfaction of the Special Judge, Patiala with the direction to the petitioner to produce the vehicle on each date of hearing before the Special Judge, Patiala trying the case. It shall further be the responsibility of the petitioner himself to note/ensure the dates fixed in the trial. The trial Court shall not be required to serve a notice afresh to the petitioner to produce the vehicle in question. In case of default to produce the vehicle during the trial on any date or until exempted by the Special Judge, the order releasing the vehicle on Supardari shall stand automatically cancelled. Petition is allowed in the terms indicated above. ---------0.B.S.0------------