VIKAS MANGAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition under Section 401 of the Code of Criminal Procedure ('Cr.P.C.' for short) for setting aside order dated 26.8.2010 passed by the Judge, Special Court, Ferozpur whereby the application of the petitioner for releasing the vehicle on sapurdari was dismissed

(2.) Petitioner is the owner of the Car in question. Drugs in question were, allegedly, recovered from the Car in question. Petitioner moved an application for release of the Car on supardari as the same was no longer required by the prosecution. The said application was dismissed vide the impugned order and, hence, the petitioner has filed the present petition. After hearing the learned counsel for the parties, I am of the opinion that the present petition deserves to be allowed.

(3.) Although the petitioner was driving the Car at the time of recovery of the drugs/contraband from the Car in the question but no useful purpose would be served by keeping the Car in Police Station. The trial in the FIR in question is still pending before the Court. The question as to whether the Car in question is to be confiscated to the State or not, will be decided at the time of the decision of the trial. However, in case, the Car in question is allowed to remain in the Police Station, it will suffer damage. Accordingly, this petition is allowed. The impugned order dated 26.8.2010, whereby the application of the petitioner for releasing the vehicle on sapurdari was dismissed, is set aside. Consequently, the application filed for release of the Car on sapurdari by the petitioner is allowed and the Car be released to the petitioner on sapurdari subject to the satisfaction of the trial Court.