Amandeep Singh @ Amni v. State Of Punjab

CRR-3556-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-3556-2018

Reserved on:17.08.2022

Pronounced on: 20.09.2022 Amandeep Singh @ Amni

...Petitioner

Versus

State of Punjab

...Respondent

**** ANOOP CHITKARA, J.

Aggrieved by dismissal of the application for release of the vehicle (Hero CD Motorcycle Registration No. PB-03-AL-2383), seized for transporting the prohibited substance under S. 15 of NDPS Act, the petitioner claiming to be the registered owner of the vehicle, has come up before this court, seeking its release. 2.

In Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, Hon'ble Supreme Court holds, [17]. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. [18]. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court.

If the said vehicle is insured with the insurance company then insurance company be informed by the Court to take possession of the vehicle which is not claimed by the owner or a third person. If Insurance company fails to take possession the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared.

3.

Given this, the impugned order dated 17-05-2018 passed by Special Court, Mansa, whereby he had rejected the release of the vehicle for the reasons that the NDPS Act creates a bar in the release of vehicles used in transporting drugs, is quashed and set aside. The concerned court will release the seized vehicle to the registered owner after verifying the registration certificate qua ownership. If the vehicle is found to be hypothecated, then information about its release also be sent to the concerned ANJU RANI 2022.09.21 15:15 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH

CRR-3556-2018 financial agency.

Petition allowed in aforesaid terms. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 20.09.2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2022.09.21 15:15 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH