High Court of Punjab and HaryanaCRR/1297/2020allowed

Sukhdeep Singh v. State Of Punjab

2021-03-01Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1297-2020 Decided on : 01.03.2021 Sukhdeep Singh . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. A.S. Brar, Advocate for the petitioner(s).

Mr. Luvinder Sofat, AAG, Punjab assisted by ASI Faily Singh.

**** MANJARI N EHRU KAUL, J. (Oral) Learned State counsel on instructions has submitted that the vehicle which was apprehended along with the contraband, would not be required by the investigating agency and hence, they would not oppose the release of the said vehicle (i.e. Honda Activa Scooter) on superdari. He, however, submitted that the petitioner be directed to produce the said vehicle, as and when, the same is required or ordered by the trial Court. The vehicle is lying unattended in the police station since long. This is of common knowledge that in case the vehicle is not put to use, the machine turns into junk and the value of the same gets diminished. The appellant is the registered owner of the vehicle in question.

Accordingly, the order dated 15th September, 2020, passed by Judge, Special Court, Moga, is hereby set aside and the vehicle in question is ordered to be released on superdari, in favour of its registered owner, subject to furnishing superdari bonds to the satisfaction of Illaqa Magistrate/Duty Magistrate/Trial Court JAWALA RAM 2021.03.

CRM-M-1297-2020 - 2 - and also subject to filing of a specific affidavit that he shall produce the vehicle as and when required by the competent Court or any other State authority and the vehicle shall not be sold without prior permission of the trial Court. The petitioner shall also undertake that if subsequently the vehicle is found to be involved in any criminal case, the Court reserves its right to cancel the superdari bonds and forfeit the same to the State. Disposed of.

(MANJARI NEHRU KAUL) JUDGE March 01, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.03.01 16:22 I attest to the accuracy and authenticity of this document Chandigarh