Roop Chand & Company vs State of Punjab

Sat Pal, J.

Statement of Amrik Singh son of Kandhara Singh, who is owner of vehicle, has been recorded.

I have heard the learned counsel for the parties.

In this petition the petitioner has challenged the order dated 11th June, 1995, passed by the learned Additional Sessions Judge, Barnala. In this

order, the learned Additional Sessions Judge rejected the application filed by the petitioner for release of Truck No. DLIG9415 on the ground that

the said truck was allegedly carrying as many as 176 bags of poppy husk and the owners have already failed in securing release of the truck on

sapurdari.

Mr. Dhaliwal, appearing on behalf of the petitioner, submits that as to whether the truck in question is required to be confiscated shall depend

upon the decision of the case and for the time being the truck should be released on sapurdari. He further submits that the petitioner company as

well as Amrik Singh, who is owner of the truck, shall furnish undertakings before the trial Court to produce this truck as and when required by the

trial Court and in view of these circumstances, the truck may be released. In support of his submission he has placed reliance on two decisions of

this Court in Criminal Revision No. 96 of 1995, Karamjit Singh v. State of Punjab and Ram Niwas v. State of Haryana, 1995(1) All Chandigarh

Decisions 524.

I have heard the learned counsel for the parties and have perused the record.

I have been informed by the parties that the trial is still pending before the learned Additional Sessions Judge, Barnala. The question of

confiscation of the said truck would arise only after specific finding is arrived at under the provisions of the Narcotic Drugs & Psychotropic

Substances Act, 1985. It will be, therefore, in the interest of justice that the said vehicle is allowed to be given on sapurdari to the petitioner on

furnishing proper undertakings.

Accordingly, the revision petition is allowed and the impugned order dated 1.6.1995 is set aside. It is further directed that during the pendency

of the trial, the truck in question shall be released on sapurdari to the petitionercompany on their executing personal bond in the sum of Rs. 2 lacs

with one surety of the like amount to the satisfaction of the trial Court. In addition, the petitioner is directed to furnish personal bond of Amrik

Singh, who is owner of the truck in the sum of Rs. 2 lacs. With this order, the petition stands disposed of.