Crl. R. No. 674 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. R. No. 674 of 2009 Date of decision : 18.5.2009. ... Mohd. Suleman @ Kala ................ Petitioner vs. State of Punjab .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh.Aminder Singh, Advocate for the petitioner. Sh. A.P.S. Mann, Senior Deputy Advocate General, Punjab ... K.C. Puri, J. (Oral) This is a revision petition against the order dated 4.3.2009 passed by Special Judge, Sangrur, vide which the application for release of motor-cycle bearing registration No. PB-13N-3619 on superdari to the applicant was dismissed. The petitioner filed an application before the Special Judge for release of said motor-cycle on the ground that he is the owner of the said vehicle and a false case vide FIR No. 240 dated 11.12.2008, under Section 15/61/85 of NDPS Act, has been registered. The trial Court observed that as per Section 60 of the NDPS Act, the vehicle used for carrying such articles is liable to be confiscated and on that count the application was dismissed. Crl. R. No. 674 of 2009 -2- The petitioner, before the trial Court relied upon the authority reported as Raghbir Singh alias Beera vs. State of Punjab 2006 (4) R.C.R. (Criminal) 343 and the trial Court observed that since there has been stay by Hon'ble Apex Court vide order dated 16.7.2007, so the motor-cycle cannot be released on superdari. However, the order dated 6.4.2009 passed by the Apex Court, has been placed on the file, from which it is clear that the said petition has been dismissed. The question whether the vehicle can be released on superdari has not been decided by the Apex Court. The trial is yet to be completed. This Court in Raghbir Singh's case (Supra) released the vehicle on superdari on executing personal bonds, as well as, surety bonds. The accused has not been convicted till today and the trial is still pending. So, the matter of confiscation shall be decided by the trial Court. The vehicle will be damaged in case it is allowed to be kept in custody. So, keeping in view the Raghbir Singh's case (Supra), motor-cycle bearing registration No. PB-13N-3619 is ordered to be released on superdari to the registered owner on furnishing personal bonds for a sum of Rs.30,000/- on the condition that the registered owner shall produce the vehicle on each and every date; he shall not alienate the said motor-cycle without permission of the trial Court and he shall not change the colour of the vehicle. ( K.C. Puri ) 18.5.2009. Judge chugh