AMIR HUSSAIN WANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present revision petition, challenge has been laid to an order dtd. 23/4/2021 passed by Ld. Judge Special Court, Pathankot, whereby prayer made on behalf of petitioner for release of Truck bearing registration No. JK-03C-7383 on supurdari has been declined.

(2.) Briefly stating, facts of the case are that the petitioner was implicated in FIR No.116 dtd. 11/6/2020 under Ss. 25, 54, 59 of Arms Act, Sec. 3, 4, 5 of Explosive Substances Act and Sec. 13, 157, 18, 189B, 20 of Unlawful Activities (Prevention) Act, 1967 (for short 'the Act') Police Station Sadar Pathankot. Allegations levelled against the petitioner were of procuring and transporting weapons from Amritsar to Kashmir for Lashkar-e-toiba terrorist activities in Kashmir in the Truck owned by him bearing registration No.JK-03C-7383.

(3.) In the present case, the investigating has been concluded and petitioner was released on default bail vide order dtd. 8/2/2021. Having been released on bail, the petitioner being owner of Truck in question moved an application for its release on supurdari, but said prayer was declined by Judge Special Court, Pathankot vide order dtd. 23/4/2021 with the observations that in case, the vehicle was released on supurdari, petitioner/applicant would commit the offence for carrying arms so as to cause loss of security to the country.