Delhi High Court
Ashok Kumar Kapoor vs State Of Gnct Of Delhi on 2 August, 2018
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 02.08.2018
+ CRL.M.C.2360/2018
ASHOK KUMAR KAPOOR ..... Petitioner
versus
STATE OF GNCT OF DELHI ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Rajesh Kumar with Mr. Avinash Kumar,
Advocates
For the Respondent: Ms. Neelam Sharma, Addl. PP for the State with SI
Anand Prakash, PS Tilak Nagar
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
02.08.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioner impugns order dated 01.03.2018 whereby the
application of the petitioner seeking release of the vehicle on
superdari was rejected.
2. Subject FIR No. 581/2017, Police Station Tilak Nagar has been
registered under Sections 21/61/85 of Narcotics Drugs and
Psychotropic Substances Act. Contentions in the FIR are that a raid
was conducted by a raiding party. On secret information, a Maruti
Swift Dzire was intercepted on pointing out of the secret informer.
The accused was intercepted. As per the FIR 10 gms. of Cocaine was
recovered from his pocket. Since the accused was travelling in the
subject vehicle bearing registration No.DL-8C-AD-4267 Maruti Swift
Dzire. The said vehicle has been seized.
3. Investigation is complete and charge sheet has already been
filed.
4. Learned counsel for the petitioner had filed the subject
application contending that he is the owner of the vehicle and had
loaned the vehicle to his son's friend who borrowed the same to see
his relative in the hospital.
5. Learned counsel for the petitioner has relied upon judgment of
this court in Madan Lal vs. State (National Capital Territory of
Delhi) 2002 (96) DLT 803 wherein, in similar circumstances this
court after examining the provisions of Section 60(3) and 63 of the
NDPS Act held that in appropriate cases order for release of
conveyance used for carrying contraband, pending conclusion of trial,
could be made under Section 451 of the Code. Reliance was placed
on decision in B.S. Rawant vs.Shaikh Abdul Karim and another,
1989 CRL. L.J. 1998 and Smt. Narender Kaur vs. Arun Sheoran,
Intelligence Officer Narcotics Control Bureau 87 (2000) DLT 155.
6. By the impugned order, the application was rejected permitting
the petitioner to approach again after the charges are framed.
7. Learned counsel for the petitioner undertakes on behalf of the
petitioner that the vehicle shall be produced on the day when the
matter is fixed for framing of charge as also as and when required by
the Trial Court.
8. The trial is yet to commence. No purpose would be served in
keeping the vehicle in the police station. Keeping the vehicle in the
Police station and exposed to all elements is going to deteriorate the
condition of the vehicle, which would not benefit any one.
9. Keeping in view the above facts, the impugned order is
accordingly set aside. The petition is allowed. Accordingly, the
vehicle bearing registration No.DL-8C-AD-4267 Maruti Swift Dzire
is directed to be released to the petitioner on superdari on his
furnishing a bond of Rs.4 lacs to the satisfaction of the Trial Court and
giving an undertaking that the vehicle shall not be alienated and shall
be made available as and when required by the Court.
10. Petition is disposed of in the above terms.
11. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
AUGUST 02, 2018/ns
