IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1766 of 2011 (O&M) Date of Decision: 13.12.2011. Suresh Kumar ….Petitioner Versus State of Haryana …..Respondent CORAM: HON’BLE MR. JUSTICE NAWAB SINGH Present: Mr. Akasdeep Singh, Advocate for the petitioner. Mr. Satyavir Singh Yadav, DAG, Haryana. NAWAB SINGH, J (ORAL) Challenge is to the order dated June 6th, 2011 passed by Additional Sessions Judge, Rohtak, whereby application of the petitioner for release of four-wheeler bearing temporary No.HR-99FY (Tem) 7085 was dismissed. 2. Factual background is that on February 10th, 2011, the four- wheeler was intercepted by the Police, while being driven by Virender Singh in the area of Police Station Sadar, Rohtak. On search, it was found carrying charas. First Information Report No.40 dated February 11th, 2011 under Section 20 of the Narcotic Drugs and Psychotropic Substnaces Act, 1985 was registered in Police Station Sadar, Rohtak. The four-wheeler was taken into possession. 3. Contention of the counsel for the petitioner is that he is registered owner of the four-wheeler. He is not named as accused in the FIR. It was not in his knowledge that his four-wheeler was being used for carrying the contraband item. The factum of his ownership has been verified and has not been denied by the prosecution. 4. The four-wheeler in question is stationed in the Police Station since February 10th, 2011, the day of registration of the FIR, that is, for the last about 10 months. Indeed, the condition of the vehicle of the petitioner will get deteriorated if it is left unattended any more. There are Criminal Revision No.1766 of 2011 -2- possibilities that it may turn into scrap and not in running condition after some more time. The petitioner, of course, can be asked to furnish undertaking to keep the vehicle in the same condition and produce the same before the Court as and when required for the purpose of trial. Even if the vehicle is required to be confiscated at any subsequent stage, that can be done irrespective of the fact that the vehicle is in the custody of the petitioner. 5. In view of above, no useful purpose would be served by keeping the four-wheeler in the Poice Station. Thus, there should not be any impediment in releasing the four-wheeler to the petitioner. 6. Thus, the revision is accepted. The order, under challenge, is set aside. Accordingly, the four-wheeler be released on superdari to the petitioner to the satisfaction of trial Magistrate. 7. Disposed of accordingly. (NAWAB SINGH) JUDGE 13.12.2011 Ishwar