BUDH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of this petition, the petitioner has invoked the jurisdiction of this Court under Sec. 482 Cr.PC to seek the quashing/ modification of the order dtd. 18/8/2020 (Annexure P-6) handed down by learned Additional Sessions Judge, Hoshiarpur, dismissing his revision petition and upholding the order dtd. 13/5/2020 (Annexure P-4) passed by learned Duty Magistrate whereby the Innova vehicle bearing registration No.PB-07BG-0614 has been ordered to be released on 'Superdari' on his (petitioner's) furnishing the superdari bond and bank guarantee to the tune of Rs.10.00 lacs.

(2.) As per the brief factual-matrix culminating in the filing of theinstant petition, the co-accused of the petitioner named Daljit Singh @ Raju, who was driving the Maruti Car bearing registration No.PB-llM-5005, was chased and apprehended by the police and total 1,04,000 ml. liquor of different brands was recovered during the search of the said vehicle, which led to the registration of a criminal case at Police Station Sadar Hoshiarpur vide FIR No.70 dtd. 6/5/2020 under Sec. 61 of the Excise Act and Ss. 188 and 269 IPC. During his interrogation, said Daljeet Singh @ Raju allegedly suffered a disclosure statement nominating the petitioner therein as the supplier of the said liquor while revealing that he (petitioner) had transported the liquor to his (co-accused's) place in the above-said Innova vehicle. On the basis of this statement, the petitioner was arrested and said Innova vehicle was also taken into possession by the police. The petitioner moved an application for seeking the release of the said vehicle on Superdari which has been disposed of vide the order Annexure P-4 and the revision petition, as filed by him to challenge the said order, has also been dismissed vide the order Annexure P-6 as discussed in the opening para of this judgment.

(3.) Reply on behalf of the respondent-State, by way of the affidavit of Deputy Superintendent of Police, City Hoshiarpur and the additional affidavit of the above-said officer, have already been submitted.