The only purpose for releasing of the vehicle is to ensure that the vehicle remains, roadworthy otherwise if the same is allowed to remain in police custody, the same shall lose its utility as upheld by the High Court of Jammu and Kashmir and Ladakh through the learned bench led by Justice Rajnesh Oswal in the case of Sunil Singh v/s UT of J&K (CRM (M) No. 689/2021).
It is stated that the petitioner is the registered owner of the vehicle in question and a false and frivolous FIR bearing No. 145/2020 under sections 8/15/20/29 of the NDPS Act was registered as motorcycle in question was used for illegally carrying/transporting of contraband (20 pieces of charas like substance) weighing 300/350 gms. It is further stated that the petitioner is the registered owner of the said vehicle and had approached the trial court for release of the same. The learned trial court vide order dated 07.11.2020 (supra) directed the release of the motorcycle bearing No. JK21D 2661 and mobile Samsung temporarily and retaining RC of the said motorcycle in original in favour its registered owner on furnishing of bank guarantee of Rs. 30,000/- with certain undertakings. The petitioner through the medium of present petition has assailed order dated 07.11.2020 primarily on the ground that the aforesaid condition imposed by the learned trial court is not justifiable.
The Hon’ble Court held, “The condition of imposing bank guarantee by the learned trial court is harsh, when other conditions have already been imposed by the trial court. So, this Court is of the considered view that the said condition is required to be modified and the petitioner shall furnish two sureties of Rs. 15,000/- each. For all what has been discussed above, this petition is allowed and the condition of furnishing of bank guarantee of Rs. 30,000/- imposed by the learned trial court vide order dated 07.11.2020 is modified to the extent that the petitioner shall furnish two sureties of Rs. 15,000/- each to the satisfaction of the trial court.”
Judgment reviewed by Vandana Ragwani