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Krishan Khan vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 14 July 2014 · Citation: (2014) 07 P&H CK 0403

HON’BLE JUDGES
R.P. Nagrath, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 15
CASE NUMBER
Crr No. 270 of 2014 (O&M)
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Judgment

13 paragraphs · 394 words

R.P. Nagrath, J.

CRM No. 2562 of 2014

1.

Reply to the application is not to be filed by the State.

2.

For the reasons stated in the application, the same is allowed and delay of 29 days in filing the instant revision is condoned.

CRR No. 270 of 2014

3.

Instant revision has been filed against the order dated 25.09.2013 passed by learned Special Judge, Patiala in FIR No. 23 dated 27.03.2013, for offence u/s 15, NDPS Act, registered at Police Station Ghagga, vide which the prayer of the petitioner, who is owner of vehicle No. HR-01-H-2435, for release of the same on superdari was dismissed. The ground of dismissal of application was that the evidence in the case was yet to start.

4.

Learned State counsel has filed the reply/affidavit of Deputy Superintendent of Police, Patran and the same is taken on record.

5.

The registered owner of Tata Sumo No. HR-01-H-2435 is Nek Ram son of Waryam. The petitioner had purchased the vehicle from Nek Ram aforesaid on the basis of affidavit on 09.01.2007, which was also recovered from the vehicle. This fact is also not disputed in the reply filed by the respondent-State.

6.

The accused, who is facing trial and was driving the vehicle at the time of recovery of 70 kgs. of poppy-husk, is real brother of the petitioner.

7.

In view of the aforesaid circumstances and the fact that it will take time in conclusion of the trial, the impugned order 25.09.2013 passed by the trial Court is set aside and instant revision for release of vehicle on superdari to the petitioner, is allowed as keeping the said vehicle in the police custody for such a long time would damage/reduce its utility. The vehicle be released to the petitioner subject to following conditions:-

(i) That the petitioner would furnish superdarinama/undertaking to produce the vehicle on each date of hearing with one surety in the like amount to the satisfaction of trial Court;

(ii) that on release of vehicle on superdari, the petitioner would get the same registered in his name and file the original registration certificate before the trial Court;

(iii) that in case petitioner fails to comply with condition No. 2, superdarinama furnished by the petitioner would stand cancelled and trial Court would seize the vehicle again apart from proceedings further for forfeiture of superdarinama/surety bonds.