GULZAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER , by way of instant petition under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short), seeks quashing of the impugned order dated 07.10.2014 (Annexure P -3) passed by learned Presiding Officer, Special Court, SAS Nagar (Mohali), whereby release of the car bearing registration No. CH -03 -L -0073, make Mercedes, owned by the petitioner, was refused to be released, on superdari.

(2.) NOTICE of motion was issued and pursuant thereto, reply has been filed.

(3.) Per contra, learned counsel for the State, while placing reliance on a Division Bench judgment of this Court in Tarsem Singh Vs. State of Punjab, : 2005 (4) RCR (Crl.) 300, submits that until and unless an appropriate order is passed by the learned trial Court in the confiscation proceedings, petitioner is not entitled for release of the vehicle in question, on superdari. Referring to the observations made by Division Bench in para 11 of the judgment, learned counsel for the State would contend that she would have no objection in case the learned trial Court is directed to pass appropriate order on the issue of confiscation first, before release of the vehicle in question in favour of the petitioner, on superdari. She prays for dismissal of the present petition.