DALBIR @ PAPPU @ DARA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who is the owner of the vehicle in question i.e. Hero Honda motorcycle bearing registration No.HR- 06-T-9449 which was seized in FIR No. 244 dated 1.7.2011 under Section 20 of the NDPS Act, registered at P.S. Matlouda, Distt. Panipat, has filed the instant revision petition challenging order dated 12.8.2011 of the Additional Sessions Judge, Panipat, whereby his prayer to release the aforesaid vehicle on supardari to him, during the pendency of the case, has been rejected.

(2.) While passing the impugned order, the Additional Sessions Judge, Panipat observed as under:

(3.) Before this Court, learned counsel for the petitioner has relied upon judgments of this Court in the cases of Gurdev Singh v. State of Punjab, 2002 4 RCR(Cri) 548, Harpreet Singh v. State of Punjab, 2006 4 RCR(Cri) 719 and Nirmal Singh v. State of Punjab, 2007 1 RCR(Cri) 986, to contend that in the cases relating to NDPS Act, this Court has allowed the seized vehicle to be given on sapurdari to the owner, during the pendency of trial. It has also been contended that if the vehicle is allowed to stand in the police station, it would make it unfit for road worthiness and its machinery, colour and tyres would be damaged. Since the trial of the case is likely to take a long time, no useful purpose would be served by keeping the vehicle parked in the premises of the Police Station. Moreover, the petitioner can always be put to terms by the Court while 1releasing the vehicle on supardari and the petitioner shall be under legal obligation to comply with the said conditions.