HARI PAL VERMA,J. - (1.) - The petitioner has filed the present revision petition challenging the order dated 26.8.2015, whereby the learned Judge, Special Court Tarn Taran has declined the application filed by the petitioner for the release of his car bearing registration No.PB-46-T-4206 on superdari. The vehicle in question was impounded in FIR No.202 dated 31.10.2014, under Section 22 of the NDPS Act, registered at Police Station Jhabal, District Tarn Taran.
(2.) The aforesaid FIR was registered against the petitioner on the allegation that he is indulged in the business of selling intoxicants substances. When he was coming in a silver coloured Alto car to supply the consignment of intoxicant substances to his customer, a trap was laid down. The petitioner was driving the said car and was apprehended with the intoxicants. On making of his personal search, 700 grams of intoxicant powder was got recovered from his possession.
(3.) Learned counsel for the petitioner contends that the petitioner had moved an application for superdari of the said vehicle. He relies upon judgment in case Sunderbhai Ambalal Desai v. State of Gujarat 2003 (1) RCR (Criminal) 380 wherein the Hon'ble Supreme Court has laid down certain guidelines for release of vehicles, which are reproduced as under:- 1. Owner of the article would not suffer because of its remaining unused or by its misappropriation. 2. Court or the police would not be required to keep the article in safe custody; 3. If the proper panchnama before handing over possession of article is prepared, that can be used in evidence instead of its production before the Court during the trial. If necessary, evidence could also be recorded describing the nature of the property in detail; and ;