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2023 Supreme(P&H) 364

HARKESH MANUJA
Ram Chander – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Ankit Bishnoi, Advocate, for Mr. S. S. Killanwali, Advocate, for the Appellant; Mr. Ramesh Kumar Ambavta, AAG, Haryana., for the Respondent

JUDGMENT

Harkesh Manuja, J. - By way of present petition filed under Section 482 Cr.P.C. prayer has been made for quashing of order dated 16.08.2021 passed by Addl. Sessions Judge, Sirsa (Annxure P-1) whereby, the prayer made on behalf of petitioner seeking superdari of the money recovered at the time of registration of FIR in question has been declined.

2. Reply by way of affidavit of Kuldeep Singh, HPS, Deputy Superintendent of Police, Dabwali, dated 23.03.2023 has been filed, the same is taken on record.

3. The facts of the case are that FIR No.0100 dated 04.03.2020 was registered at Police Station City Mandi Dabwali, District Sirsa, Haryana under Sections 15/61/85 of NDPS Act with the allegations that petitioner was apprehended while driving scooty bearing registration No.HR 25G-4741 'Activa Brand' and contraband (poppy husk) 1.2 Kg., poppy husk was allegedly recovered from him besides one bag carrying cash amounting to Rs. 6 Lakhs.

4. The petitioner was granted concession of regular bail in the aforementioned FIR and the challan was presented by the investigating agency on 10.04.2022. Thereafter, during pendency of the trial, petitioner moved an application seeking superdari of th

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