JUDGMENT

Harsh Bunger, J.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') for quashing/setting aside order dated 27.09.2022 passed by learned Special Judge, Fatehabad, in case FIR No.267 dated 14.06.2021 registered under Sections 21 -B/27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act") and Section 51 -B of the Disaster Management Act, at Police Station City Fatehabad, whereby, the application of the petitioner seeking release of Motor Cycle (make 'Hero Splendor') bearing Registration No.HR-22P-0501, on sapurdari was dismissed.

2. Succinctly, the above said case FIR No.267 dated 14.06.2021 was registered regarding alleged recovery of 40 grams of heroin contained in polythene pouch from accused Vikram @ Bikkar, who was riding motorcycle in question and was apprehended and the above said motorcycle was taken into possession by the police.

3. Petitioner being the registered owner of the said motor cycle, filed application for release of her motor cycle on sapurdari, which was opposed by the State on the ground that as per police report, the said vehicle is involved in another case bearing FIR No.228 dated 27.06.2019, registered under Sections 323 , 341, 307 and 506 read with Section 34 of the INDIAN PENAL CODE , at Police Station Bhuna.

4. Considering the afore-said fact as well as while relying upon judgment of this Court in Dharm Pal v. State of Haryana 2000 (2) EFT 44, the learned Special Judge, Fatehabad, dismissed the application of the petitioner for release of motorcycle on sapurdari, vide impugned order dated 27.09.2022.

5. Feeling aggrieved, the petitioner has filed the present petition for quashing/setting aside of the above said order.

6. Upon issuance of notice of motion on 05.12.2022, learned counsel for the State of Haryana, appeared and has opposed the petition.

7. I have heard learned counsel for the parties and have gone through the paper book with their able assistance.

8. Learned counsel for the petitioner submits that the motorcycle in question was used by accused Vikram @ Bikkar for carrying narcotic drugs and psychotropic substance without the knowledge or connivance of the petitioner. The petitioner is not an accused in this case and she is the registered owner of the motorcycle, which was taken into possession by the police in the above said case. Said motorcycle is now lying in open at police station and its condition is being deteriorated day by day and it will become junk and go waste. The motorcycle can be confiscated only after affording opportunity of being heard to the petitioner. There is no provision under the NDPS Act debarring the release of the vehicle on sapurdari. The impugned order suffers from material illegality. Therefore,the petition may be allowed, the impugned order maybe set aside and the motorcycle in question may be ordered to be released on sapurdari, in her favour.

9. Learned State counsel has submitted that since the motorcycle in question was used in the crime and furthermore, it was already involved in another criminal case bearing FIR No.228 dated 27.06.2019; accordingly, the same is case property which is liable to confiscation and cannot be released on sapurdari. The impugned order does not suffer from any illegality. Therefore, the petition may be dismissed.

10. Before considering the case in hand, it is apposite to refer to some relevant provision of Cr.P.C. Section 451 of the Cr.P.C., which empowers the Court to pass order for custody and disposal of property during pendency of