CRR-2027 IN 261 Gurpritam v. State of Ha CORAM: Present: AARADHN 1. passed by application superdari, w 2. be noticed h registration the said tru was being Petitioner, truck. The 2027-2025 -1 IN THE HIGH COURT OF PUNJA CHANDIGA ritam Singh of Haryana AM: HON’BLE MS. JUSTICE AA Mr. Vishal Saini, Advocate fo Mr. Vishal Singh, AAG, Harya **** ADHNA SAWHNEY, J. (Oral) Present revision is directed d by learned Additional Sessions J cation for release of truck bearing re rdari, was dismissed. Relevant facts, as emerging fro ticed hereinbelow:- On 17.7.2025, on a secret ation No. PB-11CR-8197, was appr d truck, 1.066 grams opium was reco ing driven by Yashpal Singh, son of ner, who is son of Yashpal Singh, is The truck was seized. Requisite sta 1- PUNJAB AND HARYANA AT DIGARH CRR-2027-2025 Date of decision: 07.11.2025 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. cate for the petitioner. , Haryana. rected against order dated 31.7.202 ions Judge, Ambala, vide which th ing registration No. PB-11CR-8197 o ing from the documents on record, ma ecret information, a truck bearin apprehended. From the dashboard recovered. At the said time, the truc n of Ami Chand, resident of Rajpur h, is the registered owner of the sa e statutory formalities were complie .2025 .7.2025 ich the 8197 on rd, may earing ard of truck pura. e said plied GURBACHAN SINGH 2025.11.10 16:34 I attest to the accuracy and integrity of this document CRR-2027 with and a against sai Psychotro aforesaid t to be dismi the same, p 3. registered o recovery of driving the dismissed t petitioner (P) knowle released, th of the like n Additional NDPS Act, It is also th only source take lot of stand in th reduced. the said ve by the cond 2027-2025 -2 nd a formal case vide FIR No. 130 t said Yashpal Singh, under Sectio tropic Substances Act, at Police Sta During pendency of investigat aid truck released on superdari was ismissed in terms of impugned orde e, present petition has been filed. Learned counsel for petition tered owner of the vehicle was not pr ery of 1.066 grams of opinion was e ng the said vehicle. Learned Add issed the application primarily on the ioner being earlier also involved in a N nowledge, thus, it can be presumed d, the likelihood of it being used fo e like nature increases. Learned counsel submits th tional Sessions Judge is purely specula S Act, not to release the vehicle on su also the submission of learned counse source of livelihood of petitioner. Th of time and in case till the comple in the Police Station, its value an ced. Further, as per learned counsel, vehicle as and when required by t e conditions so imposed while releasi 2- 130 dated 17.7.2025, was registere ection 18 of the Narcotic Drugs an Station Saha, District Amabala. tigation, an application for getting th was moved by petitioner, which ca order dated 31.7.2025. Aggrieved etitioner submits that petitioner, th not present at the site when the allege was effected from his father, who wa Additional Sessions Judge, Amba on the ground that the fact of father o in a NDPS case must have been in h sumed that in case the said vehicle sed for committing yet another offenc its that reasoning given by learne peculative, there being no bar under th on superdari before conclusion of tria counsel that the truck in question is th . The completion of trial is likely ompletion thereof, vehicle is allowed lue and utility would be considerab unsel, petitioner undertakes to produc d by trial Court and is willing to abid releasing the said vehicle on superdar stered s and ng the came ved of ner, the alleged ho was Ambala ather of n in his hicle is offence learned nder the of trial. n is the likely to owed to iderably produce to abide perdari. GURBACHAN SINGH 2025.11.10 16:34 I attest to the accuracy and integrity of this document CRR-2027 Learned co Court, (i) 02.02.2023 decided on 4. Superintend the factual elaborated i.e., accuse Additional the investig admittedly, counsel sub the vehicle case (father of like natu yet again ca State coun warranting 5. and consid registered o involved in question is completion bar to relea 2027-2025 -3 ned counsel has placed reliance on t, (i) Samay Singh v. State of Harya .2023 and (ii) Gurcharan Singh v. ed on 8.7.2020. Status report by way of affi rintendent of Police, Barara, District actual backdrop of the case leading to rated upon. It has further been pointe accused in the present case has since tional Sessions Judge, Ambala, vide nvestigations have also been complete ttedly, none out of 13 witnesses has sel submits that in view of huge quant ehicle in question as also considerin (father of the petitioner) is already fac e nature, possibility of vehicle being gain cannot be ruled out. While defen counsel contends that the same doe anting interference from this Court. Having heard rival submissio considering the fact that the past a tered owner of the vehicle are quite lved in any other case and also taking tion is the only source of livelihood letion of trial would take lots of time o release the vehicle on superdari und 3- e on following two judgments of th aryana, CRR 2885-2022 decided o h v. State of Punjab, CRR 867-202 of affidavit of Suresh Kumar, Depu istrict Ambala has been filed, where ing to the lodging of the FIR has bee pointed out that the father of petitione since been released on bail by learne , vide order dated 27.8.2025. Furthe mpleted, for challan has been filed, b es has been examined. Learned Sta quantity of contraband recovered fro idering that the accused in the prese ady facing trial in another criminal cas being used for transporting contraban defending the impugned order, learne does not suffer from any illegali missions advanced by both the couns past antecedents of petitioner who quite clean in the sense that he is n taking note of the fact that the truck lihood of petitioner, the fact that th f time, further there being no statutor ri under the NDPS Act, the Court is o of this ided on 2020 Deputy wherein as been titioner, learned Further, iled, but ed State ed from present nal case traband, learned llegality counsel who is e is not truck in that the tatutory urt is of GURBACHAN SINGH 2025.11.10 16:34 I attest to the accuracy and integrity of this document CRR-2027 the opinion infringemen is the regist in the sense vehicle has being the o to livelihoo also that t completion considerabl superdari u 6. impugned ordered to Additional criminal ca vacated. impugned ordered to Additional criminal ca vacated. November gbs 2027-2025 -4 pinion that denial of releasing the gement rights of petitioner so granted registered owner of the vehicle, whos e sense that he is not involved in any le has been in possession of the poli the only source of livelihood of peti elihood would be violative of Article that the value and utility of the ion of trial which is likelihood iderably reduced. Moreover, there is rdari under the NDPS Act. In view of the above, the pre gned order dated 31.7.2025 is set a red to be released on superdari to tional Sessions Judge, Ambala. In cas inal case, the concession so granted, mber 7, 2025 Whether Speaking/reasoned Whether Reportable 4- g the vehicle on superdari would b ed to him. It emerges that petition , whose past antecedents are quite clea in any other criminal case. Further, th e police authorities since 17.8.2025, of petitioner, depriving him of his rig rticle 21 of the Constitution of India a f the vehicle, if not released till th ihood to take lot of time, would b re is no bar for releasing the vehicle o the present petition is allowed and th set aside. The truck in question ari to the satisfaction of the learne In case, petitioner is found in any oth nted, shall automatically deemed to b (AARADHNA SAWHNEY JUDGE : Yes/No : Yes/No ould be etitioner ite clean ther, the 2025, it his right India as till the ould be hicle on and the stion is learned ny other ed to be NEY) GURBACHAN SINGH 2025.11.10 16:34 I attest to the accuracy and integrity of this document