Sukhjinder Kaur vs State of Punjab

Jitendra Chauhan, J.—The present petition u/s 482 of the Code of Criminal Procedure has been filed for setting aside the order dated 23.10.2012, passed by the Court of learned Additional Sessions Judge, Amritsar, whereby the application for release of the Car (A-Star) No. PB09-K-1617, owned by the petitioner, on sapurdari was declined. The brief facts of the case are that an FIR No. 3 dated 18.1.2012 was registered under Sections 21, 22 of the NDPS Act and Sections 489A, 489B, 489C, 420, 120-B of IPC. During investigation, a car was recovered from the house of accused Rattan Singh, which was allegedly being used for smuggling of fake currency and heroin. The Car in question is owned by the present petitioner.

Heard.

In Sunderbhai Ambalal Desai and C.M. Mudaliar Vs. State of Gujarat, the Hon''ble Supreme Court framed the following guidelines regarding the case property:-

The powers u/s 451 Cr.P.C. should be exercised expeditiously and judiciously. It would serve purposes namely:-

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 panchanama 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 also be recorded describing the nature of the properly 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 the order dated 23.10.2013, passed by the learned Additional Sessions Judge, Amritsar, it has been recorded that the investigation has been completed. The petitioner is stated to be the owner of the vehicle in question.

The learned trial Court dismissed the application moved by the petitioner for release of the vehicle on the ground that Car is owned by the wife of Avinash Kumar, accused in FIR No. 3 dated 18.1.2012 under Sections 21, 22 of the NDPS Act and Sections 489A, 489B, 489C, 420, 120-B of IPC. The question of use of vehicle for illegal activities shall be answered by the trial Court after the trial. At this stage, it can be safely said that if the custody of the vehicle is not handed over to its registered owner, its value will be substantially reduced and a good machine will turn into junk. In view of the above, the present petition is allowed and the order dated 23.10.2012 is set aside. The Car (A-Star) No. PB09-K-1617, owned by the present petitioner, is ordered to be released on sapurdari to its registered owner to the satisfaction of the learned Additional Sessions Judge, Amritsar. The petitioner shall not sell the vehicle in question without permission of the Court. She shall also produce the said Car as and when required by the court.