GURMEET SINGH @ GOLDY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for setting-aside the order dated 24.08.2017 passed by the Judge, Special Court, Patiala vide which the application filed by the petitioner/accused for releasing of a Verna car bearing registration No.PB-28-C-8273 on Supardari was dismissed.

(2.) Brief facts of the case are that an FIR No.82 dated 28.04.2017 under Section 15 of the NDPS Act and 61 of the Excise Act was registered against the petitioner on account of recovery of 10 Kgs. of poppy husk and 40 cartons of liquor which were meant for sale in Haryana. During the investigation, when the petitioner was arrested, the car was also taken in custody by the police and it is lying parked in the premises of the Police Station Sadar Patiala since 28.04.2017.

(3.) Counsel for the petitioner has submitted that the car is lying unused in the custody of the police since 28.04.2017 and with the passage of time, it will reduce into a junk and the petitioner is the registered owner of the said car. Counsel for the petitioner has relied upon the judgment passed by this Court "Nirmal Singh vs State of Punjab, 2007 1 RCR(Cri) 986", wherein in similar circumstances, a vehicle which was taken by the police in custody in a case under the NDPS Act was released on Supardari by observing that if the same is allowed to stand in the Police Station, it will become unfit for road worthiness with the passage of time and its machinery, colour and tyres would get damaged. The operative part of the judgment is reproduced as under:-