LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRM No. 31134 of 2015

(2.) Concededly, petitioner is the registered owner of truck bearing registration No. MP-09-HG-4234, who had applied for obtaining the same on superdari subject to the condition, if any to be imposed by learned Trial Court.

(3.) As per the case of prosecution, 2 Kgs 600 gms of Opium was recovered from the vehicle in question regarding which FIR No. 126 dated October 26, 2013 under Sec. 18/61/85 of NDPS Act (for brevity 'Act 1985') was registered at Police Station Ghagga. The police had no objection in case vehicle in question is released to the petitioner i.e. the registered owner, but learned trial Court has declined the release of vehicle on superdari simply on the ground that Opium weighing 2 kgs 600 gms, which falls within the purview of commercial quantity has been recovered.