JAHUR AHMAD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Learned counsel for the petitioner states that the accused driver of the truck - Khursheed Ahmad has been convicted in the trial under the NDPS Act. No Challan has been presented against the owner of the truck-Jahur Ahmad. The appeal is admitted. In a judgment passed by this Court in Dalbir @ Pappu @ Dara v. State of Haryana, 2012 2 RCR(Cri) 495 held in para 3 as under:

(2.) 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 releasing the vehicle on sapurdari and the petitioner shall be under legal obligation to comply with the said conditions.

(3.) In view of the aforesaid judgment, the truck of the petitioner is directed to be released on spurdari subject to the condition, which may be imposed by the trial court.