BALJEET SINGH Vs. STATE

JUDGEMENT

(1.) Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

(2.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. praying that the order dated 28/09/2020 passed by learned Additional Sessions Judge, Suratgarh, District Sriganganagar in Criminal Misc. Case No.336/2020, be set aside, whereby the said court refused to release the Canter bearing registration No. RJ 31GA-8859 to the petitioner. The said vehicle was seized in connection with FIR No.09/2020 registered at P.S. Rajiyasar, District Sri Ganganagar for the offence under Sections 8/15, 25, 29 of the N.D.P.S. Act.

(3.) The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle in question and the same is case property. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat , 2002 10 SCC 283, to contend that the Hon ble Supreme court has held that the vehicle should not be permitted to remain parked in the police station as the same shall gather rust and shall not remain useful. He further submits that charge sheet in the case has been filed. The petitioner is a registered owner of the vehicle in question.