Crl.Misc.No.M-32126 of 2009 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-32126 of 2009 (O&M). Decided on: February 01, 2010. Deepak Kumar Mittal .. Petitioner VERSUS State of Punjab .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.S.S.Sodhi, Advocate, for the petitioner. Mr.Arshvinder Singh, DAG, Punjab, for the respondent-State. M.M.S. BEDI, J. (ORAL) Aggrieved by the order dated 14.10.2009, refusing to release Hyundai Accent Car bearing registration No.PB-26-C- 2007, on superdari the petitioner has filed this petition. The trial Court has refused to release the Car on the plea that the Car is used for sale of intoxicants and Capsules as the same Car was involved in an earlier FIR under Section 21 of the NDPS Act. Counsel for the petitioner informs that the petitioner . . . 1 Crl.Misc.No.M-32126 of 2009 (O&M) has been involved in the case by the same police official in two cases. Without expression of any opinion whether the allegations against the petitioner in the second case are true or false, it is sufficient to observe here that as per the observations of Hon'ble Supreme Court in case Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003(1) RCR (Crl.), Page-380, the Courts should exercise the power under Section 451Cr.P.C., expeditiously and judiciously for proper custody pending conclusion of the enquiry or trial. The property should generally be handed over to the owner after the direction of proper Panchnama of such articles and taking photographs. It has also been observed in the said judgment that vehicles should not be kept at Police Station for long and it should be given on sapurdari by taking the adequate security. Following the ratio of judgment of Hon'ble Supreme Court in case Sunderbhai Ambalal Desai (Supra), Hyundai Accent Car bearing registration No.PB-26-C-2007, is ordered to be released on sapurdari to the petitioner, after issuing notice to the ICICI Bank, on furnishing spurdari bonds for sum of Rs.3 lacs and compliance of other conditions as desired by the Special Judge, Patiala. Disposed of. (M.M.S.BEDI) JUDGE February 01, 2010. rka . . . 2