BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALDEV Singh, the petitioner has challenged by way of this revision petition the order dated 24.01.2013 passed by learned Judge, Special Court, Amritsar, vide which the application for releasing a Maxicab Mohindra GIO bearing registration no. PB-02- BR-9142 on superdari has been dismissed.

(2.) THE facts are that 720 grams of some intoxicating powder was recovered from Maninder Singh, who was driving the vehicle in question. This vehicle was taken into possession by the police during investigation and now the petitioner, who claims himself to be owner of the vehicle seeks release of the same on superdari. The application has been dismissed vide the impugned order. Several circumstances can be noticed in this case which are decisive on the issue. The first is that Baldev Singh, the petitioner was not travelling in the vehicle at the time of its seizure. He is not the person, who was apprehended with the contraband item. It is true that under section 60 of the Narcotic Drugs & Psychotropic Substances Act, 1985, the vehicle as carrier is liable to confiscation yet the stage of that confiscation would come only when the court gives a finding to the effect that the vehicle is liable to confiscation. During the trial if the vehicle remains standing in the police station, it would become a piece of junk and would cause great loss to the petitioner. If ultimately,it is found that the vehicle is not liable to confiscation, then this loss would be compounded further.