LAWS(P&H)-2022-5-16

MANGA SINGH Vs. STATE OF PUNJAB

Decided On May 27, 2022
MANGA SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Challenge in this petition is to the order dtd. 17/3/2022 passed by the Revisional Court passed in Revision No.62 dtd. 8/3/2022 titled as "Manga Singh vs State of Punjab" and for setting-aside the order dtd. 7/2/2022 passed by the trial Court in case FIR No.311 dtd. 18/11/2021 under Sec. 61(1) of the Punjab Excise Act, Police Station Sadar Mansa, District Mansa, vide which the motorcycle bearing registration No.PB31-V-2053 was ordered to be released on superdari on furnishing cash surety or bank guarantee to the tune of Rs.50,000.00 with one surety in the like amount.

(2.) Counsel for the petitioner has argued that while allowing the application for releasing the aforesaid motorcycle on superdari, a condition is imposed by the trial Court that the petitioner should furnish either cash surety or bank guarantee to the tune of Rs.50,000.00. It is further submitted that the petitioner challenged the said order before the Revisional Court, however, the same was dismissed. It is also submitted that the petitioner is a poor person having no independent source to comply with the said direction and despite the fact that the trial Court passed an order of releasing the motorcycle on superdari on 7/2/2022, the same is lying in possession of the police and with the passage of time, it will become useless, if it remain lying parked in the premises of Police Station.

(3.) Notice of motion.