Som Nath vs State Of Punjab
2021 Latest Caselaw 527 P&H

CRM-M-3539 of 2021                                                    1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

116                                     CRM-M-3539 of 2021
                                        Date of decision:11.2.2021

Som Nath
                                                     ... Petitioner
                     versus

State of Punjab
                                                    ... Respondent


CORAM:       HON'BLE MR. JUSTICE AMOL RATTAN SINGH.

Present:     Mr.B.S.Bhalla, Advocate,
             for the petitioner
             Mr.Sandeep Singh Deol, DAG, Punjab
             ...

AMOL RATTAN SINGH, J. (Oral)

Case heard via video conferencing.

By this petition, the petitioner seeks setting aside of the order

dated 25.11.2020, passed by the learned Judge, Special Court, Moga (copy

Annexure P-5), (in FIR no.54 dated 21.6.2020, registered at Police Station

Ajitwal, District Moga, alleging therein the commission of an offence

punishable under Section 22 of the NDPS Act, 1985), vide which his

application for releasing the vehicle on Sapurdari has been rejected.

Mr.Bhalla, learned counsel for the petitioner, relies upon a

judgment of a Division Bench of this court in Gurbinder Singh @ Shinder

vs. State of Punjab (CRR no.1765 of 2015, passed on 19.9.2016), to submit

that even in cases pertaining to the NDPS Act, 1985, a vehicle can be

released on Sapurdari during the pendency of the trial, instead of letting it

'rot away' standing at the police station.

Notice of motion.

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Mr.Sandeep Singh Deol, learned DAG, Punjab, accepts notice

at the asking of the court.

He obviously, in view of the Division Bench judgment, very

fairly submits that he would not be able to distinguish that judgment which

(again obviously) is binding on this Bench.

That being so, the petition is allowed. Consequently, the

impugned order passed by the learned Judge, Special Court, Moga, dated

25.11.2020, is set aside.

The vehicle belonging to the petitioner, bearing registration

no.PB-29-X-3411, i.e. a Mahindra XUV 500, is ordered to be released on

Sapurdari to the present petitioner during the pendency of the trial, who is

stated to be a registered owner thereof (even as per the impugned order),

upon him furnishing the necessary Sapurdari bonds to the satisfaction of the

trial court, subject, obviously, further to the condition that the vehicle shall

not be used for any illegal purposes at all and if it is found to be so used, it

would be liable to be impounded immediately.

11.2.2021                                      ( AMOL RATTAN SINGH )
pk                                                    JUDGE

Whether speaking/reasoned                      Yes/No
Whether Reportable                             Yes/No




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