CRM No.M-20867 of 2010 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM No.M-20867 of 2010 (O & M) Date of decision : 22.12.2010 Sukhvir Singh .........Petitioner Vs. State of Punjab .......Respondent CORAM : HON'BLE MR. JUSTICE M.M.S.BEDI : Present:- Mr.P.S.Ahluwalia, Advocate, for the petitioner Ms.Gagan Mohani, Asstt.AG, Punjab ---- M.M.S.BEDI, J (ORAL) : The petitioner was allegedly found carrying 40 Kg. of poppy husk in a car bearing registration No.PB 10 BD 3030. An application for release of the said car on supurdari has been dismissed by the impugned order Annexure P-5 dated 13.5.2010. The quashing of said order has been prayed for, inter alia, on the ground that the application for supurdari has been dismissed on unreasonable ground that the petitioner is not the registered owner of the vehicle and that the petitioner is involved in another similar case as was brought to the notice of the Judge, Special Court. As prima facie the ownership of the vehicle seems to have been transferred to the petitioner on the basis of an affidavit Annexure P-2 irrespective of the fact whether the ownership could be transferred on the basis of that affidavit, now it is sufficient to CRM No.M-20867 of 2010 (O & M) -2- observe that in similar circumstances a Co-ordinate Bench of this Court in 'Nirmal Singh v. State of Punjab, 2007 (1) RCR (Criminal) 986' had permitted the release of vehicle on supurdari relying upon Harpreet Singh v. State of Punjab, 2006 (4) RCR (Criminal) 719' and judgment of Hon'ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat, 2003 (1) RCR (Criminal) 380'. It is pertinent to observe here that the police had neither opposed the release of vehicle on supurdari to the petitioner nor his ownership on the basis of affidavit had been denied. In view of the above circumstances, it is ordered that the vehicle Accent cidi Model 2003 with registration No.PB 10 BD 3030 lying with the police station be released to the petitioner on supurdari on petitioner furnishing supurdarinama as per the terms & conditions to be decided by the Judge, Special Court, Patiala. The petitioner will also furnish an undertaking that he will not use the vehicle for the purpose of carrying any objectionable material prohibited under the provisions of N.D.P.S.Act. (M.M.S.BEDI) JUDGE 22nd Dec., 2010 akm