MOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD counsel for both sides.

(2.) THE petitioner had moved on application for release of the Truck No. MPO- 9D-1503 on superdari. That application was dismissed by the learned Special Judge, Mansa. The vehicle in question was seized with reference to F.I.R. No. 41 dated 6.8.2000 under Section 15 of the N.D.P.S. Act. The question that arises for consideration is whether the vehicle which was allegedly used for carrying the contraband under the N.D.P.S. Act is liable to be confiscated or whether it can be released on superdari pending trial. The learned Counsel for the petitioner relies upon the judgment of this Court Roop Chand and Company v. State of Punjab, 1996(1) R.C.C. 694 : 1996(1) RCR(Crl.) 401 (P&H), where the Court taking the view that the question whether the vehicle is to be confiscated has to be decided only on a specific finding arrived under the provisions of the N.D.P.S. Act, ordered that the vehicle has to be released on superdari.

(3.) IF the petitioner is found to be owner of the vehicle in question, then till the disposal of the main case under the N.D.P.S. Act, the vehicle is ordered to be released on superdari to the petitioner on his executing a surety bond to the satisfaction of the learned Special Judge, Mansa. The learned Special Judge, Mansa may also impose suitable conditions for the proper upkeep of the vehicle, and also for maintaining its colour and nature, as also for the production of the vehicle whenever it is required before the Court. Order accordingly. Revision allowed.