Punjab-Haryana High Court
Arpit Kothifoda vs State Of Haryana on 22 October, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:138577
CRM-M-37569-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-37569-2024
Reserved on: 14.10.2024
Date of Decision: 22.10.2024
Arpit Kothifoda ......... Pe oner
Versus
State of Haryana ......... Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present Mr. Gaurav Tyagi, Advocate
for the pe oner.
Mr. Aashish Bishnoi, D.A.G., Haryana.
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ANOOP CHITKARA, J. (ORAL)
FIR No. Dated Police Sta4on Sec4ons
257 09.07.2017 Kundli, District 15, 29 of NDPS Act (Sec ons 420,467,
Sonipat 468, 471 IPC added later on)
1. The present pe on has been filed under Sec on 528 read with Sec on 498 BNSS for releasing the case property i.e truck bearing Registra on No. MP-44-GA-1168 to the pe oner on Sapurdari, as the trial in above cap oned FIR has already been concluded vide judgment dated 22.03.2023.
2. Counsel for the pe oner submits that the pe oner is neither an accused nor a convict in the present case. Although, the pe oner's father was named in the FIR but he has been acqui<ed by the trial Court vide judgment dated 22.03.2023. The accused, who were convicted, namely, Suresh, Mukesh and Deepak Singhal @ Chikna had filed appeals against the said judgment, which are pending before this Court. He further submits that the vehicle i.e. truck bearing Registra on No. MP-44GA-1168 is s ll under the custody of the police sta on Kundli, Sonipat for the last 07 years.
3. State counsel opposes the present pe on on the ground that a very large quan ty of poppy husk was recovered from the above said vehicle and the quan ty falls in commercial quan ty. He further submits that present pe on is not maintainable, as appeal lies against the final judgment or pe oner has to file an applica on for superdari in pending appeals.
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4. It is not disputed that appeals No. CRA-S-1216-2023, CRA-S-1387-2023 and CRA- S-1114-2023 filed by convicts, namely, Suresh, Mukesh and Deepak against the said judgment are pending before this Court. It would be appropriate if the pe oner files an applica on in aforesaid appeals for release of vehicle on superdari or file appeal against the judgment whereby vehicle in ques on was confiscated. However, there is no averments in the pe on qua the por on of judgment whereby vehicle in ques on was confiscated.
5. The present pe on stands disposed of being not maintainable with liberty to file an applica on or appeal on the same grounds which is pending before this Court, filing and disposal of the present pe on shall not come in the way of pe oner while filing fresh pe on. All pending miscellaneous applica ons, if any, stand disposed of.
(ANOOP CHITKARA)
JUDGE
22.10.2024
Jyo -II
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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