Criminal Revision challenging the dismissal of an application for releasing a seized Zen car. The court allowed the petition, set aside the impugned order, and directed the release of the car to the petitioner on sapurdari.
Impugned order set aside; car released to petitioner on sapurdari subject to Trial Court's satisfaction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Revision No. 2538 of 2014
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Criminal Revision No. 2538 of 2014 Date of Decision: 18.9.2014.
Dharminder Singh .........Petitioner
Vs.
State of Punjab ......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Arvinder Singh Khosa, Advocate for the petitioner.
Mr. Deep Singh, AAG, Punjab.
SABINA, J.
Petitioner has filed this petition under Section 401 of the Code of Criminal Procedure, 1973 challenging the order dated 30.7.2014 whereby application moved by the petitioner for release of Zen Car No. PB08-6350 on sapurdari, was dismissed.
Learned counsel for the petitioner has submitted that petitioner is the owner of the car in question. On the day of alleged recovery, the car in question was being driven by the brother of the petitioner. In fact, no recovery of the contraband was effected from the car. Rather, recovery of the intoxicant powder was effected from accused Harjit Singh.
In the present case, Harjit Singh is facing trial in FIR No. 73 dated 9.11.2013, under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Garhdiwala, Hoshiarpur. Petitioner moved an application for release of the car in question to him on sapurdari . Admittedly, petitioner is the owner of the car in question. It is also evident
GURPREET SINGH 2014.09.19 15:13 I attest to the accuracy and authenticity of this document Chandigarh
Crl. Revision No. 2538 of 2014 -2 -
from the impugned order that police had not raised any objection qua release of the car in question to the petitioner on sapurdari. In case the car in question is allowed to stay in the police station, it will be reduced to junk. In these circumstances, it would be just and expedient to release the car in question to the petitioner on sapurdari.
Accordingly, this petition is allowed. Impugned order dated 30.7.2014 is set aside. Consequently, application moved by the petitioner for release of Zen Car No. PB08-6350, is allowed. The car in question be released to the petitioner on sapurdari subject to the satisfaction of the Trial Court.
(SABINA) JUDGE
September 18, 2014 Gurpreet
GURPREET SINGH 2014.09.19 15:13 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether a Zen car seized in connection with a drug case, where no contraband was found in it and police did not object to its release, should be released to the owner on sapurdari.
Dharminder Singh
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
