NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has filed the present revision against the order passed on 24.3.2006 by Judge, Special Court, Barnala whereby application filed by him for release of his vehicle on superdari was declined.

(2.) ON 16.12.2005, the petitioner, while driving Scorpio vehicle bearing registration No. PB-10-BM-8771, was allegedly stopped by a police party at the Canal Bridge of Village Dhaula on Mansa Road. The search of Scorpio vehicle led to the recovery of a plastic box from near the driver seat. The said plastic box was later on found to contain 2.5 kilograms of opium. The plastic box along with the samples as well as the Scorpio vehicle was taken into possession by the police by preparing memo in that regard. Ruqa was, thereafter sent by ASI Darshan Singh, on the basis of which FIR No. 159 dated 16.12.2005 was registered at Police Station Tapa against the petitioner under Section 18 of NDPS Act.

(3.) THE petitioner had also filed an application before the trial Court for release of the Scorpio vehicle on superdari as according to him, the original owner Ramandeep Singh had sold the same to him and given an affidavit dated 30.11.2005 to the said effect. The said prayer of the petitioner was, however, declined by the trial Court vide impugned order on the ground that it was Ramandeep Singh, who was the registered owner of the vehicle and not the present petitioner and that the affidavit of Ramandeep Singh about having sold the same to the petitioner was not admissible.