Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451, 482 -- Excise matter -- Superdari of vehicle – Onerous condition – Permissibility of – Superdari order with the condition that petitioner shall furnish sapurdari bonds in sum of Rs.1,50,000/-, along with cash security or bank guarantee of equal amount -- Condition imposed upon the petitioner, is an onerous condition, and therefore, the same is required to be modified -- Petitioner ordered to  furnish personal bond in sum of Rs.1.5 lac, and also additional security bond of the same amount.

(Para 2, 6, 7)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Trial Court is empowered to impose conditions u/s 451 of the IPC, however, these conditions must not be excessively burdensome to the extent of practically negating the relief sought by an individual, as in the instant case.

(Para 8)

B. Indian Penal Code, 1860 (45 of 1860), Section 379 -- Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), Section 21(1), 4(A) --  Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Superdari of vehicle -- Onerous condition of 25% cash deposit imposed by the trial Court upon the petitioner set aside -- Vehicle ordered to be released on supurdari to the petitioner on his furnishing supurdginama (bond) of Rs.5 lacs to the satisfaction of the trial Court/ Duty Magistrate.

(Para 8-10)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 62 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- NDPS case -- Superdari to purchaser of vehicle – Vehicle lying unattended in the police custody since 06.08.2019 -- Its condition would certainly deteriorate day-by-day and in turn it would be reduced to junk in case the same is not handed over to the petitioner on the imposition of suitable conditions -- Registered owner of the vehicle has no objection if the vehicle is released on superdari to the petitioner – Petition allowed and the vehicle in question ordered to be released to the petitioner on superdari.

(Para 3, 4, 8, 9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 18, 29 -- NDPS case – Superdari of vehicle -- Petitioner not an accused in the FIR – Admittedly vehicle in question was borrowed by brother of the petitioner and the petitioner was not aware that the said vehicle was to be used in the transportation of the opium – Maruti Swift Car ordered to be released on superdari to the petitioner.

(Para 10, 11)

Punjab Excise Act, 1914 (1 of 1914), Section 78(2) – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Excise matter -- Release of vehicle on superdari – Bank Guarantee as surety – Legality of – Held, condition imposed by the trial Court regarding furnishing of bank guarantee is harsh and oppressive and it virtually amounts to denial of the relief -- Impugned order modified, petitioner ordered to furnish a solvent surety of the like amount.

(Para 2-5)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 72F, 81 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Excise matter – Release of vehicle on superdari -- No useful purpose will be served to keep the vehicle in question in the Police Station during the pendency of the trial of the FIR -- State could not point out any regulations, which the State had framed providing that the vehicle or the liquor has to be disposed in the manner as prescribed u/s 72F of the Act -- Petition allowed, vehicle in question ordered to be released to the petitioner on the usual conditions of superdari.

(Para 10, 11)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61/1/14, 78 (2) Third Proviso – Code of Criminal Procedure, 1973 (2 of 1974), Section 452 – Excise matter – Release of vehicle on superdari – Value of vehicle – Assessment of – Third Proviso “equivalent to the value of the conveyance thereof” -- Valid connotation thereof, is that the value of the seized/ impounded vehicle, at the stage of either its seizure, and more importantly, at the stage of the preferment of the application -- Apposite depreciation which has occurred, since the date of purchase, and, upto the application, being preferred, is to be borne in mind, as it becomes the actual saleable price of the vehicle concerned -- Trial court making a direction to furnish a bank guarantee in the sum of Rs. 8 lakhs – High Court reduced it to Rs. 4 lac -- Impugned orders set aside -- Judicial Magistrate to receive evidence qua the depreciated value of the vehicle to make an order imposing a condition, either cash security or a bank guarantee.

(Para 3-5, 9-10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 451 – NDPS case – Release of vehicle on superdari -- Observation in the impugned order that the same can be re-used for carrying intoxicant substances is based on surmises and conjectures and there was no material to suggest the same -- At any rate, the car in question is stated to be in the police custody since 01.07.2021 and is stated to be lying in an open space and the condition of the said vehicle is deteriorating and no useful purpose is being served in keeping the same in the said open space -- Petition allowed, vehicle ordered to be released on superdari.

(Para 6, 7)

Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), Section 21(4A) -- Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012, Rule 104 -- Indian Penal Code, 1860 (45 of 1860), Section 379 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451, 457 – Illegal Mining matter – Release of vehicle on superdari -- Vehicle seized by the Mining Department as it was stated to be involved in illegal mining – Vehicle seized for the first time could be released on Superdari during the pendency of confiscation proceedings as well as the criminal trial – Matter remitted back to decide afresh in accordance with law within a period of one month – Direction also given that no order regarding confiscation of vehicle in question be passed till the disposal of Superdari application of the petitioner regarding release of vehicle in question.

(Para 8-11)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 72F, 78 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Excise matter – Release of vehicle on superdari – JMIC ordered release of the vehicle subject to depositing cash amount of Rs.3,00,000/- in the Treasury of the Court – Revision against dismissed – None of the Courts below has made any endeavour to determine the value of the seized conveyance/offending vehicle – No tangible evidence existing on record suggestive that the value of the seized conveyance/offending vehicle – Petitioner may file the credible valuation within 02 weeks, before the learned Magistrate concerned, and, the latter shall after giving an opportunity of hearing to all the concerned, shall within 03 weeks thereafter, make a fresh order, in accordance with law, upon, the apposite application.

(Para 2-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 2 (xviii), 15, 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 – NDPS case -- Recovery of 70950 kgs of poppy seeds – Release on Superdari – Right of -- Poppy seed has been excluded from the definition of “poppy straw” as the same is used in food and Indian sweets or made into oil, which is largely used for culinary and lighting purposes after it is dehusked – Poppy seeds ordered to be released to the petitioner on superdari.

(Para 9)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 68, 78 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Excise matter – Release of vehicle on superdari -- Bank guarantee and cash security -- ACJM, directed the petitioner to deposit a sum of Rs.4,50,000/- for the release of vehicle on Sapurdari – Order modified, the petitioner will deposit 20% of Rs.4,50,000/- in cash and the rest by way of a security/personal bonds and the other conditions imposed for releasing the vehicle on Supardari will remain unchanged.

(Para 2-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 62 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- NDPS case -- Recovery of Poppy husk -- Superdari of truck -- Son of petitioner was found in possession of 60 kilograms of 'poppy husk' while he was driving the truck -- Truck being case property has been taken into possession by the police, which is liable to be confiscated -- However, as on date, the trial is yet to commence and there is no such finding that the accused is guilty of having committed the offence – Held, in case, the vehicle in question is not released on superdari, the condition of the same is likely to deteriorate on account of its disuse and on account of vagaries of weather, which would not be in the interest of anybody, as unnecessarily the value of the truck in question get diminished – Vehicle in question is ordered to be released.

(Para 5-8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 60 – NDPS case -- Recovery of 17 kgs of poppy husk -- Confiscation of truck – Release of – Driver/Convict has already undergone the entire sentence and even post-conviction, a substantive period has passed, appeal against his conviction pending – Appellant is registered owner, truck is lying parked in the police station for the last about 04 years without any use -- Judge Special Court, directed to release the truck in favour of the registered owner/appellant on furnishing adequate surety to its satisfaction.

(Para 1-12)

Petroleum Act, 1934 (30 of 1934), Section 7, 8 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Storage of diesel in excess of 2500 litres without licence – Seizure of diesel -- Release of diesel on superdari -- Petitioner is ready to furnish a bank draft before the trial Court of an amount equivalent to the price of diesel – Product seized is inflammable and has property of evaporation -- It would be suffice if lab report is taken as to nature of the product, if not already taken -- Product be measured in presence of the petitioner and his counter-signatures be obtained as a token of his acceptance to the measurement and thereafter product be released -- Petitioner shall deposit a Demand Draft equivalent to the price of diesel with the trial Court -- Trial Court shall keep the amount in an F.D.R. in a nationalized bank subject to outcome of the trial.

(Para 9,10)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 29 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- NDPS case – Release of car on superdari -- Considering the fact that the car is lying unused and is parked in the open space in the premises of police station for a period of about 02 years, it may outlive its life due to non-usage of the same – Petition allowed, car ordered to be released on superdari.

(Para 5)

Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), Section 4(1), 21(1) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 451 – Mining case – Registration of FIR -- Tipper took into possession – Release on superdari – Direction to deposit penalty amount by Trial court – Matter at this stage disposed off by modifying the condition, directing deposit of penalty amount by the accused on the judicial file – Such penalty, if required, shall be realised from the petitioner after completion of the trial – Other conditions imposed by the Ld. JMIC Ist Class, sustained.

(Para 1, 10)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 -- Indian Penal Code, 1860 (45 of 1860), Section 473 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Excise matter -- Release of vehicle on superdari -- Stringent condition – Bank guarantee -- Trial Court, while releasing the vehicle on superdari, directed to furnish personal superdari bond along with bank guarantee of Rs.2,50,000/- -- Considering the hardship being faced by the petitioner that he is unable to get his vehicle released for the last one and half year and also in view of the fact that the vehicle is lying unused and parked in police station in an open space and may outlive its life, Court deemed it appropriate to substitute the condition of furnishing bank guarantee of Rs.2.50 lacs with furnishing of personal bond in a sum of Rs.2.50 lacs and additional security bond of Rs.2.50 lacs.

(Para 2-4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 451 – Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 78 – Excise matter – Release of vehicle on superdari – Surety of land – Entry in revenue record – Legality of -- Surety for release of the vehicle – Ld. JMIC, directed vehicle would be released on Sapurdari upon the said land being attached in lieu thereof with an entry to that effect being made in the revenue record – Held, land as would be attached, would not be subjected to any other kind of encumbrance whatsoever during the period of the trial of the petitioner -- Thereafter, of course, orders would be passed as regards the vehicle in question, as per law.

(Para 6, 7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 401, 451 – NDPS case – Recovery of 26 kgs of poppy husk from cabinet of truck -- Confiscation of truck -- Superdari declined – Revisional jurisdiction -- Petitioner comes out to be a habitual offender being involved in as much as 8 criminal cases, most of them under NDPS Act – Contention that condition of the truck may deteriorate being open to vagaries of nature – Held, comparative mischief shall be much more if the truck is released on superdari to the present petitioner, who comes out to be a habitual criminal and a drug peddler since that would facilitate more transportation of drugs rather than letting the truck remain in the premises of the police station open to the risk of damage on account of rain, wind and change of season etc. -- Lives of our people are more precious than damage to the truck -- Impugned order is detailed and well-reasoned -- Revisional jurisdiction of Court is quite limited -- Revision petition dismissed.

(Para 2,3, 8-11)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61 and 78(2) – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 – Excise matter – Release of vehicle on superdari -- Impugned order for Bank guarantee in the sum of Rs.4,00,000/- for release of Car make i-20 on sapurdari – Impugned order set aside and it is ordered that Car be released to its registered owner on sapurdari on depositing 20% of the assessed amount of said vehicle in cash or Bank Guarantee and further furnishing security for the remaining assessed amount along with other conditions as imposed by the Court concerned.

(Para 2-7)

Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), Section 21 – Indian Penal Code, 1860 (45 of 1860), Section 379 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 451 --  Mining case – Superdari of vehicle -- Dismissal of applications for release of aforesaid trucks on 'Superdari' primarily on the ground that some administrative instructions are issued by the Secretary-cum-Director, Mines and Geology, Punjab, Chandigarh dated 12.06.2020, on the basis of an order passed by National Green Tribunal that while releasing vehicles on 'Superdari' the penalty amount as reflected in the said order is to be paid – Petitioner could not pay the penalty – Held, Vehicles are lying un-used since, August, 2020 and cannot be kept in police station for un-limited period -- Petitions allowed, direction given to release the vehicles on 'Superdari', subject to furnishing 'Superdarinama' to the tune of Rs.5,00,000/- each before the trial Court.

(Para 7-10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 451 --  Vehicle ordered to be released on superdari – Challenge by NCB – Release of vehicle with conditions that superdar shall not change its colour and condition -- Car remained with revisionist/ NCB for about eight months, which was sufficient time for the investigation -- In case the NCB finds that the car in question is required to be scrutinized or examined for the purpose of further investigation qua the other two accused against whom complaint has not been filed so far, then it can move appropriate application before the trial Court, which shall then direct the superdar to produce the car in the Court, the temporary custody of which can then be given to Narcotic Control Bureau – No reason to set aside the impugned order.

(Para 5)

Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 (20 of 2015), Section 17 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Confiscation of vehicle – Release on superdari -- Vehicle in question is lying in Police Station for more than 11 month – Only provision for the confiscation of the vehicle is provided u/s 17 of the Act, 2015 and the same is under challenge before the Hon'ble High Court -- Vehicle ordered to be released on usual terms of superdari to the registered owner.

(Para 2-6)

Motor Vehicles Act, 1988 (59 of 1988), Section 51(5), 55, 61 -- Indian Penal Code, 1860 (45 of 1860), Section 364, 392 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Removal of hypothecation fraudulently – Sale of vehicle thereafter -- Vehicle involved in criminal case – Release of vehicle -- Right of subsequent purchaser – Statutory authority under MV Act recorded his conclusion that entry of the appellant in whose favour the vehicle was hypothecated has been fraudulently deleted – Held, in consequence of above, all subsequent acts including the registration certificate issued in the name of respondent No.1 became nonest -- Respondent No.1 although claimed that he is a bonafide purchaser but fact remains that he is beneficiary of fraud -- Held, High Court committed error in directing the release of the vehicle in favour of respondent No.1 -- Order of the High Court, thus, is unsustainable and set aside -- Vehicle ordered to be released in favour of the appellant.

(Para 20-23)

A. Prevention of Cruelty to Animals Act, 1960 (59 of 1960), Sections 11, 59, 60 -- Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 (20 of 2015), Sections 5, 13(2), 17(2) – Indian Penal Code, 1860 (45 of 1860), Sections 279, 336 – Smuggling of oxen – Confiscation of vehicle -- Competent Authority is empowered u/s 17(2) of 2015 Act to confiscate the vehicle after being satisfied that such vehicle was used for commission of offence under the Act -- Bare reading of the operative part of the order would make it clear that no such satisfaction has been recorded in the order passed by the SDM -- Such aspect has been overlooked even by the Deputy Commissioner – Impugned orders, as such, cannot sustain.

(Para 9, 10)

B. Prevention of Cruelty to Animals Act, 1960 (59 of 1960), Sections 11, 59, 60 -- Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 (20 of 2015), Sections 5, 13(2), 17(2) – Indian Penal Code, 1860 (45 of 1860), Sections 279, 336 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Smuggling of oxen – Confiscation of vehicle -- Release on superdari -- No useful purpose will be served as such to keep the vehicle in question in the police station during pendency of the trial of the FIR -- Vehicle belongs to Uttar Pradesh and in case the same is released, it would be difficult/unlikely to get possession of the same in case the allegations are proved -- Petitioner ready and willing to furnish a security amount of Rs.50,000/- for release of the vehicle in question on superdari -- Petition allowed, vehicle in question ordered to be released on superdari to the petitioner.

(Para 15-19)

Indian Penal Code, 1860 (45 of 1860), Section 304-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Dowry death case – Car given to husband at the time of marriage – Superdari given to husband being registered owner by Special Court holding that since the plea of the petitioner/ complainant was that the car was given in dowry at the time of marriage of his daughter it meant that the same was gifted to the accused-husband -- By getting the car registered in his name the accused-husband accepted the said gift and thus the car cannot be said to be the istridhan of deceased – Held, registration certificate of a vehicle in favour of a person is an important determinative factor of ownership of the vehicle, keeping in view the limited scope of inquiry in a proceeding u/s 451 CrPC -- Petitioner can always stake his ownership on the car after getting the same determined by a competent court of law -- It is yet to be determined whether the car was part of the istridhan -- Ownership rights of the petitioner cannot be determined in proceedings u/s 451 CrPC – Order of Special Court upheld.

(Para 5-13)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- NDPS case – Release of Vehicle on superdari – Agreement to sell in favour of petitioner -- Held, vehicle in question can be released to the petitioner considering the fact that there is already an agreement in favour of the petitioner and also the fact that if the vehicle is allowed to remain parked in the police station it may become unfit for roadworthiness -- Petition allowed and vehicle in question is ordered to be released to the petitioner on Superdari.

(Para 6, 7)

Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), Section 21(4), 30 -- Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012, Rule 104, 109 – Indian Penal Code, 1860 (45 of 1860), Section 379 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451, 452, 457 -- FIR u/s 379 IPC – Illegal mining -- Confiscation of vehicle – Release of vehicle on superdiginama – Alternative remedy – Plea of -- Vehicle confiscated by the Mining Officer on the strength of the NGT orders without referring to any provision of the Act on the ground that the owner had not come forward to deposit the amount of compensation apart from the fine, royalty and price of mineral -- Orders of the NGT have to be followed by the State but only after following the due procedure prescribed by law as per the provisions of the 1957 Act, as duly amended -- Once the Act itself provides that confiscation is only to be done at the third stage and nothing has been brought to the notice that the vehicle had been seized earlier, the provisions of Rule 104 would come to the help of the petitioner -- Issue of alternate remedy, thus, would not come into play under Rule 109 once the FIR has been lodged and the criminal Court would, thus, be seized of the matter and would have necessary jurisdiction -- Vehicle cannot remain unattended in the police station -- Resultantly, it is directed that the vehicle shall be released on the terms of the superdiginama.

(Para 12-18)

Punjab Excise Act, 1914 (1 of 1914), Section 3(15), 61, 72F, 78, 81 (Haryana) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 451 – Recovery of 40 cases of country made liquor ‘Falcon Santra’ -- Confiscation of vehicle and Liquor – Release on sapurdari – Right of -- Confiscation has to be done at the subsequent stage – Provisions of Cr.P.C. would come into play -- Held, no useful purpose will be served to keep the 40 boxes of liquor stored in the police station alongwith the vehicle during the pendency of the trial of the FIR – Orders passed by lower Courts dismissing the application for release of vehicle and liquor on sapurdari set aside – Application allowed, release be ordered in the usual terms by the Trial Court.

(Para 1, 7-18)