SHAIK GOUSE MOHIDDIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed by the appellant under Section 454 of the Code of Criminal Procedure read with Section 63(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') against the order dated 30-1-2002 passed by the Special Judge (NDPS) Bastar at Jagdalpur in Special Case No. 48 of 2001.

(2.) Few facts necessary for disposal of the appeal are as follows : The vehicle involved in this case bears registration No. AP-16X5245. The said vehicle was seized by Dornapal Police, district Dantewada on 5-9-2001 in Crime No. 19 of 2001 for the offence punishable under Section 20(b)(1) of the Act. The police after completing investigation filed the charge-sheet against two persons namely B. Ramchandra Rao and M. Shankaraiya. Learned Special Judge convicted the said accused persons for commission of the aforesaid offence and sentenced them and passed the order confiscating the vehicle to the Government on 30-1-2001. It is that part of the order of the learned Special Judge directing the confiscation of the vehicle to the Government that is challenged by the appellant in this appeal.

(3.) The grievance of the appellant is that he is the registered owner of the vehicle in question and he is not been given a notice and an opportunity of being heard by the authority before passing the order of confiscation of the vehicle to the Government.