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.

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 its registration was effected in the year 2013. Further, the vehicle in question was supposed to be transferred to the name of the petitioner and the previous registered owner i.e. Jai Mehediratta, had even provided a No Objection Certificate to him, thereby, relinquishing any claim to the vehicle and effectively consenting to its transfer. Accordingly, the said vehicle was sold by the previous registered owner, Jai Mehendiratta to the petitioner. In order to substantiate this claim, the petitioner provided a No Objection Certificate (Annexure P-4), duly issued by the Department of Transport, GNCT of Delhi.

3. The petitioner moved an application before the learned trial Court seeking release of the Mercedes-Benz vehicle on superdari claiming that the same was sold to him by the original owner-Jai Mehendiratta. However, this application was dismissed by the learned trial Court vide impugned order dated 10.09.2024 (Annexure P-5) on the grounds that its registered owner was Jai Mehendiratta and it was used for the commission of an offence under the NDPS Act.

4. Learned counsel for the petitioner inter alia contends that though Jai Mehendiratta was the registered owner of the vehicle in question but the petitioner had already purchased the same from him as evident by the No Objection Certificate dated 15.12.2022 (Annexure P-4) wherein, the name of the transferee is clearly mentioned as Rajveer Singh i.e. the present petitioner. He further submits that it is not a rule of thumb that a vehicle has to be released on superdari only to its registered owner when it is shown to the Court that for all intents and purposes, it was the present petitioner, who was the owner of the vehicle in question. In this regard, he placed reliance on the judgment rendered by this Court in Nirmal Singh Vs. State of Punjab 2007(1) R.C.R.(Criminal) 986, wherein, this Court allowed release of a vehicle on superdari even though the petitioner therein was not its registered owner. He further submits that the case of the petitioner is squarely covered by the aforementioned judgment and relies upon Annexures P-3 and P-4 to contend that in fact, the Transport Department, Delhi has already issued a No Objection Certificate in favour of the petitioner with regard to transfer of the vehicle in question to him, on the basis of the documents submitted by him before the authority concerned.

5. Per contra learned State counsel opposes the prayer of the petitioner and submits that 1 kg of opium was recovered from the vehicle in question, as such, it cannot be released on superdari.

6. Having heard the learned counsel for the parties and after perusing the record of the case with their able assistance, it transpires that there is no provision under the NDPS Act that debars the release of a vehicl