JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed against the order of learned special Judge Nawanshehar, dated Nov. 4,2000, seeking release of the truck on sapurdari on the ground-that if the truck is release, its owner will again start selling poppy husk and on the further ground that if truck is not produced in the trial court, the trial may be delayed. The two grounds do not appeal to this court to deny the release of the truck on Sapurdari. The petitioner is the owner of the track and is not an accused. Any one who is interested in transporting large quantity of the poppy husk, need not even own a track as he can always hire one or even steal one. Therefore, ownership of the track and its release to the owner would not encourage smuggling of poppy husk. If stated conditions are imposed then the trial is also not be delayed.

(2.) This revision is accepted order of the learned Special Judge is set aside and it is directed that the track shall be released to its owner on furnishing of personal bond and surety bond in the sum of Rs. 2 lacs with two sureties, in the like amount to the satisfaction of the trial court.