CRM-M-53014-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 232 CRM-M-53014-2025 (O&M) Date of Decision: 01.07.2026 Shinder Singh ......Petitioner Versus State of Punjab ...... Respondent CORAM: HON'BLE MR.JUSTICE SURYA PARTAP SINGH Present : Mr. N.S.Sodhi, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. Mr. Rajiv Sharma, Special Public Prosecutor for NCB. SURYA PARTAP SINGH , J . (Oral) : This is a petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita 2023, hereinafter being referred to as ‘BNSS’ only. By virtue of present petition the petitioner is seeking quashing of order dated 10.06.2025, passed by the learned Additional Sessions Judge, Ferozepur, hereinafter being referred to as ‘impugned order’ only. By virtue of above mentioned order the learned Additional Sessions Judge, Ferozepur, has dismissed the application for release of tractor on sapurdari. 2. In nut-shell the facts emerging from record are that for the commission of offence punishable under Sections 8, 21, 23, 25 and 60 of Narcotic Drugs & Psychotropic Substances Act, 1985, a case, i.e. crime No.63 dated 26.11.2020, was lodged by the Narcotic Control Bureau, hereinafter being referred to as ‘NCB’ only. In the above mentioned case the allegations were that from the tank of the tractor, bearing registration No.PB-05AL-1254, contraband was recovered. The above mentioned tractor was seized by the MANOJ KUMAR 2026.07.01 20:52 I attest to the accuracy and integrity of this document CRM-M-53014-2025 (O&M) 2 NCB and for release of above mentioned tractor on sapurdari, by virtue of above mentioned order, the application has been dismissed. 3. Heard. 4. It has been contended by learned counsel for the petitioner that in the present case the trial has already been concluded and the accused has been convicted for the commission of offence punishable under Section 21 of NDPS Act. According to learned counsel for the petitioner against the impugned order an appeal has been preferred by the convict, which is still pending. 5. It has been further contended by learned counsel for the petitioner that in the impugned judgment of conviction there is no order with regard to confiscation of tractor, in question, and therefore, the petitioner is entitled to get the above mentioned vehicle released, on sapurdari. Hence, the present petition. 6. Learned counsel for the NCB while referring to the communication received by him from the concerned authority has contended that a decision has been taken by the appropriate authority of NCB, that NCB would not oppose the application seeking for release of above mentioned tractor on sapurdari. 7. The record has been perused carefully. 8. At the threshold it is relevant to note here that against the verdict of learned trial Court, wherein there is no order for confiscation of vehicle, any appeal has not been preferred by the respondent-NCB. 9. Taking into consideration the fact that the final verdict of learned trial Court with regard to above mentioned case has already been passed and in the above mentioned verdict there is no order with regard to confiscation of the vehicle in question, it is hereby ordered that subject to outcome of appeal, MANOJ KUMAR 2026.07.01 20:52 I attest to the accuracy and integrity of this document CRM-M-53014-2025 (O&M) 3 preferred by the convict, the petitioner is entitled for release of vehicle in question on sapurdari. Hence, it is hereby ordered that the vehicle in question be released, by the learned trial Court, on sapurdari in favour of registered owner of the vehicle on furnishing bonds to the satisfaction of learned trial Court. (SURYA PARTAP SINGH) JUDGE 01.07.2026 Manoj Bhutani Whether speaking/reasoned Yes/No Whether reportable Yes/No MANOJ KUMAR 2026.07.01 20:52 I attest to the accuracy and integrity of this document