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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

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 present case, the investigating has been concluded and petitioner was released on default bail vide order dated 08.02.2021. Having been released on bail, the petitioner being owner of Truck in question moved an application for its release on supurdari, but said prayer was declined by Judge Special Court, Pathankot vide order dated

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