Crl. Revision No. 227 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 227 of 2009 (O&M) Date of decision: January 25, 2009 Dilbar Singh ...Petitioner Versus State of Haryana ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. SS Dinarpur, Advocate, for the petitioner. Mr. Raja Sharma, A AG, Haryana. GURDEV SINGH, J. Heard. The petitioner, Dilbar Singh son of Darshan Singh, has come up with this petition for setting aside the order dated 12.1.2009 passed by the Special Judge, Ambala, refusing to release the vehicle No.HR-37B-9802 (hereinafter referred as 'the vehicle') on superdari in his favour; being registered owner, during trial, on the grounds mentioned in the petition. The facts relevant for the disposal of this petition are that this vehicle was intercepted on 15.6.2008 by Rajbir SI/SHO of Police Station Panjokhera and on search of the same, two jute bags containing poppy husk were recovered. The petitioner moved an application for the release of the vehicle before the Special Judge, Ambala, on the ground that he was the registered owner of the same. The application was dismissed on the ground that there is possibility of the use thereof again for the same kind of offence, though it was also incorporated in the order itself that the vehicle Crl. Revision No. 227 of 2009 2 will be rendered useless, in case it is not plied on road. At the time of arguments, it was not disputed that the petitioner is the registered owner of this vehicle and no forfeiture proceedings have been initiated. There is no dearth of judgments of this Court where in such like offence, the involved vehicles were ordered to be released on superdari. Some of those judgments are Nirmal Singh versus State of Punjab 2007 (1) RCR (Criminal) 986, Balwinder Singh versus State of Punjab 2008 (4) RCR (Criminal) 507 and Kulwant Singh Versus State of Haryana 2008 (1) RCR (Criminal) 828. In such a situation, if such type of vehicles are allowed to be parked in the police station, where there is no proper facility for keeping the vehicles, the condition thereof is bound to deteriorate and by the passage of time those would become unworthy of road. The petitioner can be asked by the Special Judge at any time to produce this vehicle during the trial or during forfeiture proceedings. The just relief cannot be declined to the petitioner, merely in view of the observations made by the Special Judge that there is possibility of the use of this vehicle for the same kind of offence. As a result of the above discussion, this petition is hereby allowed and order dated 12.1.2009 passed by the Special Judge, Ambala, is set aside and the vehicle is ordered to be released on superdari in favour of the petitioner, to the satisfaction of that court, subject to the condition that he would produce the same as and when required by the Court. Revision petition stands disposed of accordingly. January 25, 2009 (GURDEV SINGH ) prem JUDGE Crl. Revision No. 227 of 2009 3