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(2020) Law Today Live Doc. Id. 15381 = 2020 L.A.R. (e-Suppl.) 1066
Decided on: 14.09.2020
Present:
Mr. Manpreet Singh, Advocate, for the petitioner.
Mr. Sidakmeet Sandhu, AAG, Punjab.
(Presence marked through video conference).
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 18 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- NDPS case – Release of vehicle on Superdari – Held, no useful purpose would be served by keeping the vehicle parked in the premises of police station -- Large number of vehicles are since seized by the police officials daily and, all are kept unattended -- Resultantly, with passage of time, condition of vehicle becomes beyond repair -- Owner can always be put to terms by the Court while releasing the vehicle -- Trial too is not likely to commence or conclude any time soon, due to current pandemic conditions – Vehicle/car ordered to be released on superdari.
(Para 5-6)
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ARUN MONGA, J. (ORAL) –
This is a petition under Section 482 Cr.P.C for quashing the impugned order dated 16.07.2020 (Annexure P-1) passed by Special Court Judge, Moga, declining the prayer for release of vehicle Verna car bearing No. PB-29-AB-6767, on superdari.
2. Learned counsel for the petitioner contends that the above said vehicle is involved in FIR No. 127 dated 29.11.2019 under Section 18 of NDPS Act registered at Police Station Ajitwal. He submits that as per prosecution story, 03 kgs of Opium along with drug money of Rs.8,80,000/- was recovered from the possession of the petitioner, which he had kept in the aforesaid car.
3. Learned counsel submits that petitioner has already been granted the concession of interim bail vide order dated 11.09.2020 passed in CRM-21934 of 2015.
4. Learned State counsel submits that petitioner is a habitual offender. The contraband was recovered from the car in question and he can use this vehicle again for committing the same offence.
5. Having heard learned counsel for the petitioner, as well learned State counsel and after perusal of the case file, I am of the opinion that the no useful purpose would be served by keeping the vehicle parked in the premises of police station. Large number of vehicles are since seized by the police officials daily and, all are kept unattended. Resultantly, with passage of time, condition of vehicle becomes beyond repair. Owner can always be put to terms by the Court while releasing the vehicle. Vehicle would otherwise continue to dilapidate, awaiting the outcome of trial. The trial too is not likely to commence or conclude any time soon, due to current pandemic conditions.
7. In the premise, the petition is allowed and the order dated 16.07.2020 (Anneuxre P-1) is set-aside. The vehicle, make Verna car bearing No. PB-29-AB-6767, is ordered to be released on superdari on furnishing requisite indemnity/superdari bonds with one surety in the like amount, to the satisfaction of Chief Judicial Magistrate/Illaqa Magistrate, as the case may be.
Petition allowed.
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