IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRR-1735 of 2022 (O&M)

Date of Decision : 06.09.2022

Mina Devi

.....Petitioner

Versus

State of Haryana

.....Respondent

CORAM:

HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

Present :

Mr. Pawan Attri, Advocate, for the petitioner.

Mr. Himmat Singh, Deputy Advocate General, Haryana.

ASHOK KUMAR VERMA, J. (ORAL)

CRM-32885 of 2022

Through this application under Section 482 Cr.P.C. prayer

has been made for placing on record copy of registration certificate as

Annexure P-5.

For the reasons mentioned in the application, same is

allowed. Copy of the registration certificate is taken on record as

Annexure P-5 subject to just exceptions.

CRR-1735 of 2022

Petitioner has filed the present revision petition against

order dated 26.07.2022 passed by Additional Sessions Judge,

Kurukshetra, whereby his application for releasing truck bearing

registration No.JH-02AP-0794 on Sapurdari was dismissed.

Briefly stated, the facts giving rise to the filing of the

present petition are that truck bearing registration No.JH-02AP-0794

was taken into custody by the police in connection with FIR No.281

dated 29.06.2021 registered under Sections 18, 27-A of the Narcotic

RAVINDER SINGH

2022.09.07 13:16

I attest to the accuracy and

authenticity of this

order/judgment

CRR-1735 of 2022 (O&M)

-2-

Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar

Thanesar, as its driver namely, Ramashish Kumar Yadav son of Alak

Kumar and conductor namely, Nitish Kumar Yadav son of Rambilas

were carrying intoxicating substance in the truck. Ravi Ranjan Kumar

son of late Anil Dubey and the petitioner was the registered owner of

the truck in question. Ravi Ranjan Kumar died on 31.08.2020.

Petitioner filed an application before the trial Court for releasing the

truck in question on sapurdari. However, the said application was

dismissed vide order dated 06.05.2022 on the ground that the truck in

question was in the name of deceased Ravi Ranjan and the petitioner

had no locus stadi to seek sapurdari of the said vehicle. Petitioner

again moved similar application, which has also been dismissed vide

impugned order.

Status report by way of affidavit dated 01.09.2022 of Ram

Dutt, DSP, Kurukshetra on behalf of the respondent-State, filed in

Court today is taken on record. According to the status report,

petitioner is the owner of the truck in question and the RC is valid upto

11.04.2023.

Learned Counsel for the petitioner has submitted that as

the son of the petitioner namely Ravi Ranjan Kumar, who was original

owner of the truck in question, had died on 31.08.2020, therefore,

petitioner was not aware that the truck in question was being used in

illegal activities by their driver and conductor. Now, the truck has been

transferred in the name of the petitioner. There is no provision under

the NDPS Act debarring the release of the vehicle on sapurdari. The

trial Court has wrongly dismissed the application of the petitioner. The

RAVINDER SINGH

2022.09.07 13:16

I attest to the accuracy and

authenticity of this

order/judgment

CRR-1735 of 2022 (O&M)

-3-

impugned order suffers from material illegality. Therefore, the petition

may be allowed, the impugned order may be set aside and the truck in

question may be ordered to be released on sapurdari.

On the other hand, learned State Counsel has argued that

the truck in question was used for carrying narcotic substance and

being liable to confiscation cannot be ordered to be released on

sapurdari. The impugned order does not suffer from any illegality.

Therefore, the petition may be dismissed.

I have heard learned counsel for the petitioner and learned

State Counsel and gone through the record.

In CRR No.1765 of 2015 titled as Gurbinder Singh @

Shinder Vs. State of Punjab decided on 19.09.2016 Hon'ble Division

Bench of this Court observed as under:-

“21. …..... we have no hesitation to hold that there is