AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge is to order dated 23.4.2013 vide which the application for release of vehicle i.e. Mahindra Tractor Trolley 575 bearing No. PB -63 -B -0279 on sapurdari to the petitioner has been dismissed by Sub Divisional Judicial Magistrate, Ajnala. An FIR No. 67 dated 11.4.2013, was registered under Section 379 IPC read with Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 (in short 'the Act') against the petitioner Ajit Singh. As per allegations in the FIR, on the secret information a tractor -trolley was apprehended loaded with sand from village Ballarwal Khadan coming towards Ajnala. The application for releasing the tractor -trolley on Sapurdari has been rejected on the ground that the provisions of the Act to be followed strictly and the compounding of the offence was discouraged.

(2.) Learned State counsel, on instructions from ASI Kuljeet Singh, informed the Court that vehicle is lying in custody since 11.4.2013 and they have no objection if the vehicle is released on sapurdari to its owner. Reference can be made to order dated 30.5.2013 in C.R.R. No. 1636 of 2013 passed by co -ordinate Bench of this Court, whereby in a similar circumstances, the Sapurdari has been given to the owner.

(3.) The tractor -trolley in question is parked in the police station since 11.4.2013. No purpose is going to be served by keeping the tractor -trolley in question in the police Station. If the same is not released to its registered owner, the same may be reduced to scrap without proper care and maintenance. Admittedly, the petitioner is the registered owner of the vehicle. The police has not objection in releasing the vehicle on sapurdari on just and appropriate terms and conditions. In Sunderbhai Ambalal Desai Vs. State of Gujrat : 2003(1) RCR (Crl) 380 (SC), the Apex Court has held that powers under Section 451 of the Code should be exercised expeditiously and judiciously. In view of the above, the present revision petition is allowed and the order dated 23.4.2013 passed by Sub Divisional Judicial Magistrate, Ajnala is set aside. The tractor -trolley bearing registration No. PB -63 -B -0279, is ordered to be released on sapurdari in favour of the petitioner, who is the registered owner, subject to his furnishing sapurdarinama to the satisfaction of the Illaqa Magistrate on the terms and conditions imposed by it and on filing the specific undertaking that he will produce the tractor -trolley as and when required by the Court and will sell the same without permission of the Court.