HARNEK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Aggrieved by dismissal of the application for release of vehicle (Canter bearing registration No.PB-13AR-9586), on superdari, vide order dtd. 14/7/2021 passed by Judge, Special Court, Ludhiana, seized for being used in carrying 70 kgs of poppy husk alongwith 150 grams of opium, the petitioner claiming to be its registered owner, has come up before this court, seeking its release.

(2.) In Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, Hon'ble Supreme Court holds,

(3.) The State objects that the vehicle involved in doing business of sale of opium and poppy husk. However, perusing the above captioned FIR reveals the incorporation of offences punishable under the NDPS Act.