SATISH KUMAR MITTAL, J. - (1.) PETITIONER Kulwant Singh has filed this revision petition against the order dated 17.2.2007, passed by Presiding Officer, Special Court, Kurukshetra, whereby the application filed by the petitioner in a case registered under Sections 18, 29, 61, 85 of the NDPS Act, for release of his Scorpio vehicle bearing registration No. PB-11-AD-0130 on sapurdari has been dismissed.
(2.) I have heard counsel for the parties and gone through the impugned order. In this case, as per the prosecution case, accused Gursharan Singh and Gurdeep Singh, while travelling in the aforesaid vehicle, were carrying 400 grams and 300 grams of opium, respectively and FIR No. 7 dated 6.1.2007 was registered against them under Sections 18, 29, 61, 85 of the NDPS Act.
(3.) COUNSEL for the petitioner contends that firm M/s. Kulwant Singh Gursharan Singh is the registered owner of the vehicle in question and petitioner Kulwant Singh is one of the partners of the firm. He is not the accused in the case. He submits that the contraband were being allegedly carried by the accused persons in their pockets and the vehicle was not being used for transporting the contraband. He further contends that conclusion of the trial in the aforesaid FIR will take a long time and if, the vehicle is not released, it will not only damage its condition, but the petitioner will face difficulty in his day-to-day functioning and the police is mis-using the vehicle. He further submits that the petitioner is ready to give an undertaking that as and when the Court requires the aforesaid vehicle, he will produce the same in he same condition.;