CRM No. M-13487 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-13487 of 2009 (O&M)
Date of decision: 10.7.2009
Salem
.. Petitioner
v.
State of Haryana
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Jagat Singh, Advocate for the petitioner.
Ms. Ritu Punj, Deputy Advocate General, Haryana.
..
Rajesh Bindal J.
Prayer in the present petition is to quash order dated 8.5.2009, passed
by the learned court below, whereby the application filed by the petitioner for
release of Bolero Car bearing No. RJ-05-UA-0626 on superdari has been rejected.
Briefly, the facts are that the car in question was taken into
possession by the police in FIR No. 81 of 2008, under Sections 392/395 IPC,
registered at P.S. Sector 40, Gurgaon and it was mentioned that the registered
owner of the car was not known.
The learned court below dismissed the application on the ground that
registration certificate of the car was not produced and no witness has been
examined in the case.
With the petition, the petitioner produced copy of the registration
certificate showing him to be owner of the car. Learned counsel for the State, on
instructions from Head Constable Anil Kumar, submits that the registration
certificate has been verified and the petitioner is owner of the vehicle.
Considering the aforesaid facts, it is directed that Bolero car bearing
registration No. RJ-05-UA-0626 be released on superdari to the petitioner on his
furnishing sapurdarinama in the sum of Rs. 8,00,000/- with one surety in the like
amount undertaking therein to produce the car in question in the court as and when
called upon to do so and keep the vehicle in the same condition and not to transfer
the same till final decision of the case.
CRM No. M-13487 of 2009 [2]
The petition stands disposed of.
(Rajesh Bindal)
Judge
10.7.2009
mk