UJAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE is to the order dated June 15th, 2011, passed by Judge, Special Court, Barnala, whereby, application of the petitioner for release of Tata Indica Car bearing No.PB -10 -AR -0073 was dismissed.

(2.) FACTUAL background is that on April 23rd, 2011, the Car was intercepted by the Police, while being driven by Jaswinder Singh son of the petitioner. On personal search of Jaswinder Singh, opium was recovered from his possession. First Information Report (for short 'FIR') No.22 dated April 23rd, 2011 under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered in Police Station Mehal Kalan. The car was taken into possession.

(3.) THE car in question is stationed in the Police Station since the day of registration of the FIR, that is, for the last more than six months. Indeed, the condition vehicle of the petitioner will get deteriorated if it is left unattended any more. There are possibilities that it may turn into scrap and not in running condition after some more time. The petitioner, of course, can be asked to furnish undertaking to keep the vehicle in the same condition and produce the same before the Court as and when required for the purpose of trial. Even if the vehicle is required to be confiscated at any subsequent stage, that can be done irrespective of the fact that the vehicle is in the custody of the petitioner.