- (1.) THE petitioner has filed the present revision under Section 401 Cr.P.C for challenging the order dated 9.5.2013 (Annexure P -5) passed by Judge, Special Court, Faridkot, whereby the application dated 4.9.2012 (Annexure P -4) moved by him for release of his vehicle on sapurdari was declined.
(2.) ACCORDING to the prosecution, the vehicle i.e. Mahindra Scorpio bearing registration No.PB -04R -0635 is owned by the petitioner but the same was used by his sons Resham Singh and Nirmal Singh for transporting contraband i.e. poppy husk and in that regard FIR No.75 dated 25.6.2012 under Sections 15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 stood registered against them at Police Station Sadar, Kotkapura, District Faridkot. For that reason, the vehicle belonging to the petitioner was impounded and it was liable to be confiscated.
(3.) LEARNED counsel for the petitioner submits that the petitioner is registered owner of the aforementioned vehicle. The trial of the case is likely to take a long time. Till date, the vehicle in question has not been confiscated. The same is lying parked in the open and with the passage of time and on account of vagaries of nature, the vehicle is likely to reduce to junk in near future. Therefore, the same ought to have been released in favour of the petitioner on sapurdari. Learned State counsel has opposed the prayer made on behalf of the petitioner by submitting that two sons of the petitioner were apprehended while carrying huge quantity of poppy husk in the vehicle, which stood registered in the name of the petitioner. Further, the two sons of the petitioner are involved in a number of cases. In this regard, attention of the Court is drawn to the reply of Deputy Superintendent of Police (SD), Kotkapura, as per which six cases stand registered against Resham Singh and two against Nirmal Singh. However, he stated that the petitioner is not involved in any case.;