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2009 Supreme(P&H) 2062

RAKESH KUMAR JAIN
Balbir Singh Alias Fauji – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. This is a petition under Sec.482 of the Code of Criminal Procedure, 1973 (for short, cr. P. C. ), for quashing of the impugned order dated 13.12.2008, passed by learned Special Judge, Ferozepur, declining to release on supardari silver colour Indica Car bearing No. DL 8cg 0464.

2. It is alleged in the petition that petitioner is the registered owner of the aforesaid vehicle, which was taken into custody by the police in case FIR No, 25 dated 15.3.2008 registered under Sections 18/61/85 of the narcotic Drugs and Psychotropic Substances act, 1985 at Police Station Ferozepur Cantt. District Ferozepur.

3. The aforesaid vehicle is now parked in the police station, Ferozepur Cantt, District ferozepur for the last more than two and half years.

4. The petitioner had applied for release of the vehicle on supardari but the said application was dismissed by the learned Special Judge, Mansa, vide his impugned order dated 13-12-2008 (Annexure P-3 ).

5. The petitioner after a passage of some time, again made a request vide application dated 06.8.2009 (Annexure P-4) but that also met the same fate on the ground that earlier similar application was dismissed.

6. Notice of motion was iss











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