GURVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE tractor trolley of the petitioner was impounded by the police in case FIR No. 95 dated 17.05.2013, under Section 379 IPC, Section 21 of the Mines Act, and Section 3 of the Prevention of Damage to Public Property Act, registered at Police Station Ajnala, District Amritsar Rural. In the application for release of tractor bearing registration No. PB -14 -A -0194, along with trolley, on sapurdari, written statement on behalf of Station House Officer, Ajnala, (Annexure P -2) was filed. In the reply, it is categorically stated that the police has no objection if the tractor along with the trolley, is handed over on sapurdari to its registered owner. The petitioner is stated to be the registered owner. No prejudice would be caused to the respondent in case the present petition is allowed.

(2.) IN Sunderbhai Ambalal Desai Vs. State of Gujarat, : 2003(1) RCR (Cri) 380, Hon'ble the Apex Court has held that the powers under Section 451 Cr.P.C. should be exercised expeditiously and judiciously. The Apex Court has framed the following guidelines in cases for releasing the case property on Sapurdari: -

(3.) THIS jurisdiction of the Court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles.