BADAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Crl. Misc. No. 20780 of 2014

(2.) The present revision petition has been filed for setting aside order dated 13.3.2014 passed by Sessions Judge (Adhoc) Fast Track Courts, Hoshiarpur in case FIR No. 149 dated 16.6.2013 registered under Section 15 of NDPS Act at Police Station Tanda District Hoshiarpur for release of motor cycle bearing registration No. PB-07-AK-8085 to the petitioner on sapurdari being its real owner.

(3.) Briefly, the facts of the case are that the petitioner is an accused in aforesaid case registered under the NDPS Act. During pendency of the trial an application was moved for release of his motorcycle on sapurdari being real owner on the ground that the said motorcycle was taken into possession at the time of the recovery of the contraband and now it is not required by the police for any purpose. The local police also does not have any objection in releasing the motorcycle on sapurdari. The application filed by the petitioner was dismissed vide order dated 13.3.2014 on the ground that it can be again used for carrying any narcotics drugs, therefore, the same cannot be released to the petitioner on sapurdari.