IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 31 of 2009 Date of decision : July 31, 2009 Ranjit Singh alias Sita ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. PS Sekhon, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Accused Ranjit Singh alias Sita has filed this revision petition impugning order dated 31.10.2008 passed by learned Judge, Special Court, Sangrur, whereby application moved by the petitioner for release of new Motorcycle marka Bajaj Paltina bearing Chassis No. MD-2000222 RPA 14674 Engine No. DYV BRP 14975 of red colour on sapurdari in FIR No. 103 dated 29.6.2008 under section 15 of NDPS Act (for short, the Act) Police Station Bhawanigarh, District Sangrur, has been dismissed. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, petitioner was apprehended while carrying 8 kgs of poppy husk on the aforesaid Motorcycle. Criminal Revision No. 31 of 2009 -2- Learned counsel for the petitioner contended that this Court in the case of Raghbir Singh alias Bera vs State of Punjab, 2006 (4) RCR (Criminal) 343 has allowed release of vehicle on sapurdari in such cases. Inspite thereof, the learned Special Judge declined sapurdari on the ground that said order of this Court in the case of Raghbir Singh had been stayed by Hon'ble the Supreme Court in petition for Special Leave to Appeal (Criminal) 4044 of 2007. Learned State counsel states that the said petition for special leave has since been dismissed by Hon'ble the Supreme Court keeping the question open because in that case, car in question had already been delivered to the owner pursuant to the orders of this Court and therefore, there was no ground to interfere at that stage. Learned State counsel on instructions from HC Mehma Singh states that proceedings for confiscation of the Motorcycle have not yet been initiated. The Motorcycle is lying in Police Station for more than a year and a month. Obviously condition of the Motorcycle will deteriorate while lying in the open in the Police Station. No useful purpose will be served by keeping it in the police custody. In view of the aforesaid, the instant petition is allowed and the impugned order dated 31.10.2008 of learned Judge, Special Court, Sangrur is set aside and the above mentioned Motorcycle is ordered to be released on sapurdari to the petitioner on furnishing sapurdginama to the satisfaction of the trial court. ( L.N. Mittal ) July 31, 2009 Judge 'dalbir'