Criminal Revision No. 2039 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 2039 of 2008 (O&M) Date of decision: 10.7.2009 Sudesh Kumar .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. R. K. Trikha, Advocate for the petitioner. Mr. Abhishek Chautala, AAG, Punjab. .. Rajesh Bindal J. Prayer in the present petition is to quash order dated 25.7.2008, passed by the learned court below, whereby truck bearing No. HR-38G-7177 has been ordered to be taken into custody, even though earlier ordered to be released. Briefly, the facts are that the truck in question was taken into possession by the police in FIR No. 319 dated 3.8.2005, under Sections 15 of the NDPS Act, 1985, registered at Police Station Sadar, Hoshiarpur. The said truck was released to the petitioner on 29.3.2006 on superdari with a direction to produce the same in court on each and every date of hearing. However, the petitioner failed to produce the truck on 25.7.2008, whereupon the impugned order was passed. Learned counsel for the petitioner submits that non-production of the truck in question on each and every date of hearing was unintentional as the petitioner did not receive any notice for the same. In support of his argument, learned counsel has referred to the statement of Head Constable Lakhwinder Singh dated 9.5.2008, wherein it was mentioned that warrants for the recovery of said truck could not be effected due to election duty. On 4.7.2008 also, time was also sought by the police to effect service of notice upon the petitioner. The afore-mentioned facts have not been denied by learned counsel for the State. In view of the above facts, it cannot be opined that the petitioner was Criminal Revision No. 2039 of 2008 [2] at fault in not producing the truck. Accordingly, it is directed that truck bearing registration No. HR-38G-7177 be released on superdari to the petitioner on his furnishing sapurdarinama in the sum of Rs. 12,00,000/- with one surety in the like amount undertaking therein to produce the truck in question in the court as and when called upon to do so and keep the vehicle in the same condition and not to transfer the same to any one in any manner till final decision of the case. The petition stands disposed of. (Rajesh Bindal) Judge 10.7.2009 mk