JAGMOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAGMOHAN Singh, petitioner, seeks quashing of the order dated 15.6.2002 passed by the Special Judge, Ludhiana in case FIR No. 68 dated 15.3.2002 registered under Sections 15 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") with Police Station Simla Puri, Ludhiana.

(2.) THE petitioner is owner of tempo traveller bearing registration No. PB -01 -2166 which was taken into possession by the Police in the above -mentioned case as 25 bags of poppy husk of 40 kgs. each were recovered from the said vehicle in the possession of Jaspal Singh and others. The petitioner, who is registered owner of the vehicle in question applied to the Court for release of the vehicle on Spurdari to the original owner. The Police in its reports stated that it has no objection to the vehicle being released on Spurdari in favour of the original owner. Despite this report, the Special Judge, Ludhiana took notice of the recovery of huge quantity of poppy husk and concluded that there was apprehension that this vehicle would be again used for smuggling of poppy husk and further there being apprehension of tampering of the vehicle, the prayer for release of the vehicle was declined.

(3.) THERE is no factual dispute between the parties. The learned counsel representing the petitioner -accused primarily urged before me that the prayer for release of the vehicle to the registered owner had been wrongly rejected merely on the basis of apprehension whereas factually there was no such record placed before the court on behalf of the prosecution. It has not been disputed by the State counsel that the Police had not even taken any objection to the release of the vehicle in question to the original owner. The question for release of the vehicle involved in relation to offence under the Act had come up for consideration in Gurdev Singh v. State of Punjab, 2002 (4) RCR (Cr.) 548. It was observed in para 6 of the judgment as under: