GURBINDER SINGH @ SHINDER Vs. STATE OF PUNJAB
LAWS(P&H)-2016-9-4
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 19,2016

Gurbinder Singh @ Shinder Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

M.JEYAPAUL,J. - (1.) Petitioner Gurbinder Singh @ Shinder sought for release of Swift Dzire car bearing Engine No.D13A5100071 and Chassis No.MA3FSEB1S00478125 on sapurdari before the trial Court. The trial Court having made an observation that the car was used for carrying the contraband as per the averments found in the FIR and that the trial was yet to begin, chose to dismiss the petition filed by the petitioner praying for release of vehicle on sapurdari. Aggrieved by the rejection of the plea for release of the car on sapurdari, the present revision petition was preferred by the petitioner.
(2.) Learned Single Judge of this Court having heard the submissions made on either side passed an order as follows:- "Learned counsel for the petitioner argued for release of vehicle in case FIR No.12/15 dated 16.01.2015 under Section 21 of the NDPS Act, registered at Police Station B-Division, Amritsar and has cited judgments passed by this Court in Rajesh Kumar v. State of Haryana, 2007(2) RCR (Criminal) 561, Iqbal Singh v. State of Punjab, 2013(2) RCR (Criminal) 612 and Raghbir Singh alias Beera v. State of Punjab, 2006 (4) RCR (Criminal) 343, in which the vehicles in the NDPS Act case have been ordered to be released on sapurdari. This Court has already taken different view in CRR No.3231 of 2014 decided on 12.12.2014 titled as Kirandeep v. State of Punjab, that the vehicle in NDPS Act case cannot be released on sapurdari. Therefore, there are different views of the Single Benches of this Court. In view of the above position, the present case be put up before the Hon'ble Acting Chief Justice for referring it to a larger Bench on the point 'whether vehicle used for transporting the narcotics etc. can be released on sapurdari or not'.
(3.) In the above background, the present revision petition has been referred to decide the point whether the vehicle used for transporting the narcotics could be released on sapurdari or not.;


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