Gurvinder Singh vs State of Punjab

Jitendra Chauhan, J.—The tractor trolley of the petitioner was impounded by the police in case FIR No. 95 dated 17.05.2013, u/s 379 IPC, Section 21 of the Mines Act, and Section 3 of the Prevention of Damage to Public Property Act, registered at Police Station Ajnala, District Amritsar Rural. In the application for release of tractor bearing registration No. PB-14-A-0194, along with trolley, on sapurdari, written statement on behalf of Station House Officer, Ajnala, (Annexure P-2) was filed. In the reply, it is categorically stated that the police has no objection if the tractor along with the trolley, is handed over on sapurdari to its registered owner. The petitioner is stated to be the registered owner. No prejudice would be caused to the respondent in case the present petition is allowed.

In Sunderbhai Ambalal Desai and C.M. Mudaliar Vs. State of Gujarat, , Hon''ble the Apex Court has held that the powers u/s 451 Cr.P.C. should be exercised expeditiously and judiciously. The Apex Court has framed the following guidelines in cases for releasing the case property on Sapurdari:-

Owner of the article would not suffer because of its remaining unused or by its misappropriation;

Court or the police would not be required to keep the article in safe custody;

If the proper panchnama before handing over possession of article is prepared, that can be used in evidence instead of its production before the Court during the trial. If necessary, evidence could be recorded describing the nature of the property in detail; and

This jurisdiction of the Court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles.

In view of the above, the present petition is allowed. The impugned order dated 04.07.2013 (Annexure P-3) is set aside; and the application of applicant-petitioner for releasing tractor bearing registration No. PB-14-A-0194, along with trolley, on Sapurdari, during the pendency of the trial, is allowed. The tractor along with trolley be released on Sapurdari to the registered owner, subject to his furnishing requisite Bonds, to the satisfaction and on the terms and conditions as imposed upon by the trial Court, on showing his ownership. However, the petitioner shall not sell the vehicle without prior permission of the Court.