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2002 Supreme(P&H) 958

R.C.KATHURIA
Gurdev Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

R.C.Kathuria, J.

1. The petitioner has challenged the order dated 27.9.2001 passed by the Judge Special Court, Mansa whereby prayer made by him for release of Maruti car bearing registration No. HR-04-0097 taken into possession during the investigation of the case bearing No. 43 dated 30.4.2000 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) had been declined.

2. In order to focus the controversy involved in the present case a few facts have to be stated. On 30.4.2000 Maruti car bearing registration No. HR-04- 0097 driven by Balbir Singh was intercepted by the Police. One other person was also found sitting in the said car. Search of the car led to the recovery of 3 bags each containing 30 Kgs. poppy straw. During the investigation of the case, the car in question was released to Gurdev Singh, petitioner-accused on furnishing the bond that he would produce the same as and when required by the Court. On 6.7.2001, the car was not produced in Court and for that reason statement of witness of the prosecution could not be recorded. Consequently, spurdari bond of the car was forfeited to the State and sp

















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