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2017 Supreme(P&H) 2573

SURINDER GUPTA
Bikramjit Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner: Navkiran Singh
For the Respondent: Ajay Pal Singh Gill

JUDGMENT :

Surinder Gupta, J.

Heard.

2. As per case of prosecution, truck bearing registration no. PB-23-T-6638 was apprehended by the police party of Police Station Mandi Gobindgarh. Two persons, who were travelling in the truck succeeded in running away from the spot while two persons were apprehended from the spot and recovery of 104 kgs. of poppy-husk was effected from the truck.

3. The petitioner in his capacity as attorney of Gurpreet Singh, owner of the truck, applied for taking the truck on superdari but his application was declined. Learned counsel for the petitioner while relying on the observation of this Court in case of Gurbinder Singh @ Shinder v. State of Punjab, 2016 (4) RCR (Criminal) 492 submits that till conclusion of trial and passing of specific order to confiscate the truck, release of the same on superdari cannot be denied.

4. Learned State counsel submits that truck in question, which is owned by Gurpreet Singh, brother-in-law of petitioner, was being used to carry the contraband. Father of the petitioner, namely, Kabal Singh is involved in 22 cases registered against him for various offences under the provisions of Narcotic Drugs and Psychotropic Substances Act,






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