HARPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the present petition filed under Section 482 Cr.P.C the correctness of order dated 18.5.2019 passed by Special Court, Fatehgarh Sahib dismissing the application for release of car Vitara Breeza VDI bearing registration no.PB-52-B-4110 has been challenged.

(2.) As per the case of the prosecution, two persons were found in possession of 18 grams of Heroin (narcotic substance) when they were travelling in the vehicle in question. The vehicle was taken in possession on the date of incident i.e 29.4.2019. Since then it is parked in the police station in the open. Learned Court has dismissed the application on the ground that registration certificate/smart card has not been issued by the concerned department.

(3.) Learned counsel for the petitioner has submitted that the vehicle in question was purchased from Sandhu Automobiles Private Limited on 14.3.2019 and till then registration certificate/smart card of the vehicle had not been issued by the concerned Department. The counsel relies upon a letter sent by the Distributor through whom the car was purchased to prove that the vehicle was sold and issuance of registration certificate/smart card was delayed on account of the procedural formalities.