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2023 Supreme(P&H) 1406

HARKESH MANUJA
Amir Hussain Wani – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Mr. M.S. Basra, Mr. Amit Shukla AAG, Punjab

Table of Content
1. petitioner's truck involved in serious allegations. (Para 1 , 2 , 3)
2. arguments for release and state's opposition. (Para 4 , 5)
3. court's reasoning on vehicle custody laws. (Para 6 , 9 , 10 , 11)
4. precedent on vehicle release in similar cases. (Para 8)
5. order to release vehicle to petitioner. (Para 12 , 13)

Judgment

Mr. Harkesh Manuja, J.

By way of present revision petition, challenge has been laid to an order dated 23.04.2021 passed by Ld. Judge Special Court, Pathankot, whereby prayer made on behalf of petitioner for release of Truck bearing registration No. JK-03C-7383 on supurdari has been declined.

2. Briefly stating, facts of the case are that the petitioner was implicated in FIR No.116 dated 11.06.2020 under Sections 25 , 54, 59 of ARMS ACT , Section 3 , 4, 5 of Explosive Substances Act and Section 13 , 157, 18, 189B, 20 of Unlawful Activities (Prevention) Act, 1967 (for short ‘the Act’) Police Station Sadar Pathankot. Allegations levelled against the petitioner were of procuring and transporting weapons from Amritsar to Kashmir for Lashkar-e-toiba terrorist activities in Kashmir in the Truck owned by him bearing registration No.JK-03C-7383.

3. In the pr

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