MAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is aggrieved of the order dated 17.10.2013 passed by the Sub Divisional Judicial Magistrate, Batala vide which his application for releasing the tractor bearing No. PB57B -9212 on superdari, has been dismissed.

(2.) THE tractor in question has been seized by the police in case FIR No. 55 dated 03.06.2013, registered under Sections 379 IPC and Section 21 of Mines and Minerals (Development and Regulation) Act, 1957,(for brevity, "1957 Act") Police Station Ghoman, as it was allegedly used in stealing sand from the river by the petitioner.

(3.) LEARNED counsel for the petitioner has contended that the trial is going on and it will take long time to conclude and it would not be in the fitness of things to keep the tractor unattended in the police station and it would become a junk. Reliance has been placed on Sunderbhai Ambalal Desai Vs. State of Gujarat,, 2003(1) RCR(Crl.) 380.