IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Rev. No. M-3406 of 2010(O&M) Date of Decision: 09.03.2011 Surinder Sharma .... Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. D.R. Punia, Advocate for the petitioner 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) This is an application moved by the Company owner of the truck for releasing the truck on supardari. Facts of the present case inter alia are that FIR No. 66 dated 30.5.2010 under Sections 15/18 NDPS Act was registered at Police Station Goraya District Jalandhar. Truck bearing No. MH-04- EB-1089 belonging to M/s. West Coast Logistics Company, Mumbai was taken into custody for being used in transportation of contraband and the driver and the cleaner of the truck were arrested and are in judicial custody. Learned counsel for the petitioner has vehemently argued that if truck is allowed to stand in the police station, it would make it unfit for road worthiness and its machinery, colour and tyres would be damaged as the trial may take long time. Learned counsel for the revisionist has placed reliance on the judgments of this Court in Crl. Rev. No. M-3406 of 2010(O&M) 2 the matter of Nirmal Singh vs. State of Punjab, reported in 2007 (2) Criminal Court Cases 0176. Learned Single Judge of this Court in the matter of Nirmal Singh vs. State of Punjab (supra) in paragraph No. 10 has observed as under:- 10. It has not been disputed by learned State counsel, on instructions from ASI Gurcharan Singh of Police Station Tapa, that the confiscation proceedings regarding the vehicle in question have not yet started. In such a situation, if the vehicle is allowed to stand in the Police Station, it would make it unfit for road worthiness. Its machinery, colour and tyres would be damaged. The trial of the case is likely to take a long time. No useful purpose would be served by keeping the vehicle parked in the premises of the Police Station.” Mr. J.S. Sidhu, AAG Punjab has fairly stated that proceedings for confiscation of truck has not been commenced as yet. In the opinion of this Court, if confiscation proceedings have not been commenced and vehicle is allowed to stand in the police station, by the passage of time it would become useless and shall develop technical faults therein. Trial of the case likely to take long time, therefore, truck can be released on superdari in favour of owner's company/revisionist on furnishing undertaking in the shape of affidavit before the trial Court that vehicle shall not be used for Crl. Rev. No. M-3406 of 2010(O&M) 3 transportation of any contraband or for any criminal activity. Present petition is allowed. Let truck in question be released on superdari to the petitioner within 15 days on furnishing affidavit to the effect that vehicle in question shall not be used for transportation of contraband and for any other illegal activity and shall not dispose of during the trial and shall be produced before the Court as and when Court requires to do so. (ALOK SINGH) 09.03.2011 JUDGE reena