HC orders release of car parked in police station for 2 years in narcotics case

Read Order: Amarjit Kaur v. State of Punjab 

LE Correspondent

Chandigarh, July 14, 2021: The Punjab and Haryana High Court has ordered the release of a car, seized by police as part of evidence in a narcotics case, which has been parked at the police station premises for the last two years.

The High Court, while allowing the release of the car, set the condition that it will not be disposed of or sold to any third person during the pendency of the trial or on any other terms and conditions, as the trial court may impose.

The petitioner, who is the wife of a co-accused in the narcotics case and registered owner of the car, relied upon the the judgment Sundarbhai Ambalal Desai vs State of Gujarat, wherein the Supreme Court ruled that in certain circumstances the seized vehicle can be released on superdari.

Under ‘superdari’, the person receiving the vehicle gives an undertaking on his behalf or on behalf of the person who has authorised him to do so, to produce the vehicle before the police or the Court as and when required.

The present case was registered on 01.08.2019 Sadar police station in Punjab’s Kapurthala district with the allegations that when the police party headed by SI Jatinder Singh was present on a barrier, it noticed that a person alighted from an auto-rickshaw while holding a black coloured bag.

An I-20 car was parked nearby and the person, who alighted from the auto-rickshaw, was seen going towards it. However, on seeing the police party, the driver of the car fled with the vehicle and the said person was apprehended, from whom 5 kgs heroin was recovered.

It was also submitted that in the I-20 car, there were 05 occupants namely Rajbir Singh, Sukhjiwan Singh, Lovepreet Singh @ Lovely, Hans Raj and Dilbag Singh.

Later, on the basis of the disclosure statement of the co-accused, the husband of the petitioner Bachittar Singh was also nominated in this case and was arrested and the said car was taken into police possession.

The petitioner submitted before the High Court that it will be a matter of trial to prove the involvement of her husband or that use of the said car was for the purpose of committing the offence. However, the car is lying parked at the police station since August, 2019. Almost two years have elapsed and in this process, the tyres, engine, etc. of the car, may outlive the life as the car is lying parked in open space.

Counsel for the State could not dispute the factual position that the husband of the petitioner was not an occupant of the I-20 car when the alleged incident took place.

Hearing the matter, the bench of Justice Arvind Singh Sangwan stated that considering the fact that the car is lying unused and has been parked in open space in the premises of police station for a period of about two years, it may outlive its life due to non-usage of the same. 

Thus, the HC allowed the present petition subject to condition that the car will not be disposed of or sold to any third person during the pendency of the trial or on any other terms and conditions, as the trial Court may impose.