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2017 DIGILAW 2233 (PNJ)

Mandeep Singh v. State of Punjab

2017-09-25

INDERJIT SINGH

body2017
JUDGMENT Mr. Inderjit Singh, J.:- The petitioner has filed this petition under Section 482 Cr.P.C. against respondent State of Punjab, for quashing the order dated 17.12.2015 passed by learned Judge, Special Court, Moga, whereby the application filed by the petitioner for releasing the vehicle (Innova) on sapurdari, was dismissed. 2. Notice of motion was issued and learned State counsel appeared and contested the petition. Learned counsel for respondent No.2 also appeared. 3. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. 4. From the record, I find that Innova car bearing registration No.DL-04C/AE-8481 was taken into possession in case FIR No.134 dated 14.09.2014 under Section 15 of the NDPS Act. 5. The application filed by the petitioner for sapurdari was dismissed by learned Judge, Special Court, Moga, on the ground that the vehicle was impounded, when Gurpreet Singh alias Ghaint had been carrying 125 kg. poppy husk and the original owner of vehicle is Hardeep Singh (respondent No.2). 6. Learned counsel for respondent No.2 contended that respondent No.2 has already sold the vehicle to the petitioner. 7. In CRR No.1765 of 2015 titled as Gurbinder Singh @ Shinder vs. State of Punjab, [2016(4) Law Herald (P&H) 3095 (DB) : 2016 LawHerald.Org 1850] : decided on 19.09.2016, the Hon’ble Division Bench of this Court has held that the vehicle used for transporting the narcotic drugs and psychotropic substances can also be released on sapurdari invoking the provision under Section 451 Cr.P.C. Furthermore, it is now settled law that the vehicle should be released on sapurdari, otherwise, there will be a damage to the vehicle if it remained lying idle in the police station for a long period. The trial of the case will take long time and if the vehicle is not released on sapurdari, then substantial damage would be caused to the vehicle. 8. Keeping in view the above discussion, I find merit in the present petition and the same is allowed. It is ordered that Innova car bearing registration No.DL-04C/AE-8481 be released on sapurdari on furnishing sapurdarinama and surety bonds to the satisfaction of the trial Court, after verifying the ownership/RC of the vehicle to the petitioner, as per law.