Criminal Misc. No. 36331-M OF 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 36331-M OF 2010 Date of decision:1st February, 2011 Kuldeep Singh .......Petitioner Versus State of Punjab ........Respondent BEFORE: HON'BLE MS. JUSTICE NIRMALJIT KAUR Present: Mr. Hemant Saini, Advocate, for the petitioner. Ms. Gurveen H.Singh, Addl. A.G.,Punjab for the respondent-State. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No Nirmaljit Kaur, J.(Oral) The present petition has been filed under Section 482 of the Code of Criminal Procedure, for setting aside the order dated 28.07.2010, passed by Special Judge cum Additional Sessions Judge, Amritsar, declining the application for release of Hero Honda Motorcycle “Splendor” on Sapurdari, confiscated by the Police Officials in the FIR No. 78 dated 01.08.2009 registered under Sections 21(61) of the NDPS Act at P.S. Raja Sansi, District Amritsar. The application to release the motor cycle of the petitioner was dismissed primarily on the ground that the police has not Criminal Misc. No. 36331-M OF 2010 2 recommended the release of the motor cycle as there is every possibility of misuse of the same in illegal activity i.e. for transportation of Smack, drugs etc. It is not disputed that the petitioner is the owner of the said motor cycle bearing registration NO. PB02-AN-4343, which was confiscated. The fact that the said motor cycle was involved in the incident is also not disputed. The trial is likely to take some time. In case the motor cycle is not released, its condition shall deteriorate causing irreparable loss to the petitioner. In view of above, the petition is allowed and the motor cycle is ordered to be released to the petitioner on superdari subject to such conditions as may be imposed by the trial court including the undertaking to be given by the petitioner that he shall produce the said vehicle in the Court as and when required; as also that he will not sell it during the pendency of the case. [NIRMALJIT KAUR] JUDGE 1st February, 2011 Shivani Kaushik