Crl. Revision No. M-2282 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Revision No. M-2282 of 2008
Date of Decision: November 30, 2009
Kulwinder Singh ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE S.D. ANAND
Present : Mr. J.B.S.Gill, Advocate,
for the petitioner.
Mr. Arshvinder Singh, DAG, Punjab.
*****
S.D. Anand, J.
The prosecution allegation is that the petitioner was
apprehended by a police party when he was driving vehicle
No.PB-10AW-4865 (of which he is registered owner as well) and
the car was found to carry 15 Kgs. poppy husk.
The learned counsel for the petitioner states that
though he would contest the factum of recovery, he would not
contest (at the trial) the factum of his having been the driver of
that vehicle and he would also not challenge the fact of being the
registered owner of the vehicle.
In this plea for the release of vehicle bearing
registration No.PB-10AW-4865 on sapurdari, there is an averment
Crl. Revision No. M-2282 of 2008 -2-
that the petitioner had purchased this vehicle by getting it
financed. Documentation in that context has been placed on
record. Learned counsel for the petitioner states that it being the
only source of income of the petitioner, he would require the
vehicle, particularly when he has to pay off the loan amount.
As per the report submitted by the learned Special
Judge (obtained in compliance with the order dated 27.07.2009 of
a Coordinate Bench (Rajesh Bindal, J.) of this Court), the
confiscation proceedings have not yet been started.
In view of these facts, learned State counsel states
that he is not in a position to contest the plea for the release of the
aforesaid vehicle on sapurdari.
In the light thereof, the petition shall stand allowed and
the vehicle bearing registration No.PB-10AW-4865 is ordered to
be released on sapurdari, on usual terms and conditions, subject
to the satisfaction of the learned Trial Court.
November 30, 2009 ( S.D. Anand ) vinod Judge