RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY way of the present petition, the petitioner has challenged the order passed by Special Judge, Ambala on 29.8.2006, whereby his application for the release of his vehicle on superdari was declined.

(2.) ACCORDING to the prosecution, the petitioner was alleged to be driving a Maruti car of white colour on 31.5.2006 and from the said vehicle, a bag containing poppy husk, weighing 40 kgs. was recovered. A ruqa was prepared by SI Ashwani Kumar at the time of the said recovery, on the basis of which FIR No. 88 dated 31.5.2006, was registered at Police Station Barara under Section 15 of the NDPS Act against the petitioner. The petitioner was arrested and the vehicle in question taken into possession by the police.

(3.) WHILE challenging the order, the petitioner has submitted that he had been allowed bail in the case on 26.7.2006 and being the registered owner of the car, he was entitled to get the same released on superdari as the trial of the case was likely to take a long time. If the vehicle is allowed to remain in police custody, its value would be reduced as the same would get spoiled.