Sanjay Kumar vs State Of Punjab
2022 Latest Caselaw 14290 P&H

CRM-M-2710-2022 (O&M)                                                 -1-

112
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                        CRM-M-2710-2022 (O&M)
                                        Date of Decision: 14.11.2022

SANJAY KUMAR                                              ......... Petitioner

                                    Versus
STATE OF PUNJAB                                           ..... Respondent

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present :   None for the petitioner.

       Mr. J.P. Ratra, Sr. DAG, Punjab.
             ****
JAGMOHAN BANSAL, J. (Oral)

The prayer in the petition is for the quashing of order dated

23.08.2021 (Annexure P-5) and release of i20 sportz car bearing

Registration No.PB-12Z-0505. The car was impounded in a case

registered under NDPS Act.

Learned counsel for the petitioner contends that another

vehicle bearing Chasis No.MA1YUZXDUM6C12108 which was also

impounded in NDPS case has been released to the owner of the vehicle

vide order 06.12.2021 whereas prayer of the petitioner has been declined

vide impugned order even though petitioner is owner of the vehicle and

petitioner is not involved in the commission of alleged offence. The FIR

was registered on 13.06.2021, challan stands filed, thus, no object is

going to the achieved by keeping vehicle in question at police station.

The vehicle may be released in terms of Section 451 of Cr.P.C. A

Division Bench of this Court in 'Gurbinder Singh @ Shinder Vs. State

of Punjab' 2016 (4) RCR (Criminal) 492 has ordered to release vehicle,

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CRM-M-2710-2022 (O&M) -2-

found involved in NDPS case. The Court has observed that there is no

provision under NDPS Act debarring the release of vehicle for interim

custody.

Learned State counsel on instruction from Investigating

Officer states that state has no objection if car in question is released,

subject to furnishing of bond and bank guarantee.

Learned State counsel further submits that challan has

already been presented. Petitioner is registered owner of the vehicle and

he/she is not accused in the FIR in question.

In view of the judgment of Hon'ble Supreme Court in

Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 (1) RCR

(Criminal) 300 and judgment of Division Bench of this Court in

Gurbinder Singh (Supra), the present petition is disposed of with a

direction to Trial Court to release the vehicle in question, subject to

furnishing of bond/Bank Guarantee to the satisfaction of the Trial Court.

The petitioner at the first instance shall appear before the

Trial Court on 29.11.2022 and thereafter as per convenience of the Court

concerned.

Disposed of.

                                               ( JAGMOHAN BANSAL )
                                                      JUDGE
14.11.2022
Ali


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




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