RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED Satvir Singh has filed an affidavit to the effect that he is not claiming ownership of the vehicle.

(2.) THIS revision petition is filed to release the motor cycle bearing registration No. HR 08/2717 to the petitioner who claimed to be the owner of the vehicle. The motor cycle was seized by the police on the ground that the same was used for smuggling of opium by the accused Satvir Singh. According to the petitioner who is the owner of the vehicle, accused Satvir Singh took the vehicle from him and he had no knowledge that the vehicle was to be used for smuggling opium, therefore, he prayed that the custody of the vehicle be given to him. The learned counsel for the petitioner is prepared to give an undertaking to produce the motor cycle bearing registration No. HR 08/2717 as and when required by the Court and he shall not dispose of the same in any manner and part with the possession of the same. In view of the fact that the petitioner claimed to be the owner of the vehicle I direct the learned Additional Sessions Judge, Kaithal to release the vehicle to the petitioner is the registered owner of the vehicle and also on condition that the petitioner executes a bound in a sum of Rs. 25,000/ - with two sureties each in a like sum to the satisfaction of the Additional Sessions Judge, Kaithal and also to give an undertaking to produce the vehicle as and when required by the Court and not to dispose of the same or part with the possession of the vehicle during the pendency of the inquiry and trial. This order will not come in the way of any order being passed under Section 60 of the N.D.P.S. Act. Revision dispose of.

(3.) NOTE : A copy of this order be given Dasti on payment to the petitioner. Ordered accordingly.