Advocates:
Advocate Appeared:
For the Appellant :Mr. Manvinder Sidhu, Advocate
For the Respondent: Mr. Rajiv Goel, DAG, Haryana

JUDGMENT :

Jasjit Singh Bedi, J.

The present revision petition has been preferred against the order dated 02.09.2023 passed by the Addl. Sessions Judge, Jind whereby the application filed by the petitioner for releasing his vehicle i.e. Scorpio bearing Registration No.MP-09-CV-4289 on superdari has been dismissed.

2. The brief facts of the case are that an FIR No.388 dated 18.12.2020 under Section 15 of the NDPS Act, 1985, P.S. Uchana was registered when 414 Kgs of poppy husk was recovered from one Jagrup son of Amar Singh.

3. During the course of investigation, petitioner-Mubarik Khan was joined in investigation and arrested on 26.02.2021. He suffered his disclosure statement and admitted that his vehicle Mahindra Scorpio bearing Registration No.MP09-CV-4289 had been used for drug trafficking and that the said vehicle had been purchased by him by the sale proceeds accumulated by him by selling illicit narcotic/contraband substances.

4. The report under Section 173 Cr.P.C. was presented against some of the accused. Thereafter, further investigation was carried out which culminated in a report under Section 173 Cr.P.C. against a child-in-conflict with law namely, Abhishek.

5. Accused Irfan Khan who was in custody in FIR No.392/2020, PS. Uchana was joined in the investigation. The report under Section 173(8) Cr.P.C. was presented against Irfan Khan as well.

6. Meanwhile, as it had been found that the Scorpio in question had been recovered in FIR No.392 dated 24.12.2020, U/s 15(c), 15(3)/18/25, 24-A/29, 59(2) of the NDPS Act, 1985 and later on added Sections 7, 7A and 8 of Prevention of Corruption Act and Sections 120-B, 192, 196, 201, 202, 203, 217, 409, 166-A IPC, PS. Uchana, District Jind as well, an application was moved for superdari of the said vehicle and came to be allowed by this Court vide order dated 10.01.2024 passed in CRR-2719-2023.

7. A second application was moved for releasing the vehicle on superdari in FIR No.388 dated 18.12.2020, U/s 15C, 27A, 29-61-85 NDPS Act, PS. Uchana, District Jind as well which came to be dismissed vide order dated 02.09.2023 by the Court of Addl. Sessions Judge, Jind.

8. The said order is under challenge in the present petition.

9. The learned counsel for the petitioner contends that the vehicle in question was taken into possession in two different cases and is currently parked at Police Station Uchana, District Jind. The vehicle had been purchased after obtaining a loan as was evident from the EMIs being paid by the petitioner. If the vehicle was not released on superdari its condition was likely to deteriorate on a day-to-basis. The petitioner undertaken not to change the colour of the vehicle nor sell it during the pendency of the Trial and would also produce it as and when required. He was ready and willing to furnish a heavy surety/guarantee for the release of the vehicle on superdari. Even otherwise, in FIR No.392 dated 24.12.2020 which is the other case in which the vehicle had been found to be involved it had already been released on superdari. Reliance is placed on the judgments in the cases of Rahul Kumar (a) Rai Vs. State of Punjab 2019(3) Law Herald 2266 and Gurbinder Singh @ Shinder Vs. State of Punjab 2016(4) RCR (Criminal) 492.

10. A reply dated 16.04.2024 by way of an affidavit of Naveen Sindhu, HPS, Deputy Superintendent of Police, Uchana, District Jind has been filed on behalf of the State by the learned counsel for the State. The same is taken on record. He contends that since the vehicle was used in the crime the vehicle was not liable to be released on superdari. He, however, concedes that in FIR No.392 dated 24.12.2020 this Court had passed an order releasing the vehicle on superdari on the imposition of certain conditions.

11. I have heard learned Counsel for the parties.

12. In Sunder Bhai Ambala Desai's case (supra) the Hon'ble Supreme Court has held as under:-

" 15. Learned senior counsel Mr. Dholakia, appearing for the State of Gujarat further submitted that at present in