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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Rajveer Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of order dated 10.09.2024 (Annexure P-5) passed by the learned Additional District and Sessions Judge, Sri Muktsar Sahib, whereby, the application filed by the petitioner for releasing the vehicle on superdari was dismissed, in the case stemming from FIR No.194 dated 07.11.2023 registered under Section 18 (c) of the Narcotic drugs and Psychotropic Substances Act, 1985 (hereinafter ‘NDPS Act’).
2. Briefly, the facts of the case, as alleged, are that the accused, namely, Sukhchain Singh, was apprehended along with Mercedes-Benz bearing registration No. DL10CG 0375 when he was allegedly stopped by a police party on Abohar road. The search of the said vehicle led to the recovery of a plastic polythene bag containing 1 kg of opium. The alleged contraband and the vehicle were taken into possession by the police by preparing a memo in that regard and subsequently, the FIR(supra) was registered. During the investigation of the case, it came to the light that the aforementioned vehicle stood registered in the name of one Jai Mehendiratta and
A vehicle used in an NDPS Act offence can be released on superdari even if the applicant is not the registered owner, provided effective ownership is established.
Seizure of vehicle carrying narcotic drugs – Owner of vehicleis not entitled to get Supurdagi of vehicle.
A vehicle seized under the NDPS Act can be released to its registered owner if no confiscation order has been issued, provided ownership is substantiated.
The court ruled that the conditional release of a seized vehicle should not be denied without valid reasons, emphasizing the need to prevent damage during prolonged custody.
Interim release of a vehicle seized under the N.D.P.S. Act is permissible unless the owner fails to prove lack of knowledge regarding its use in the crime.
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