K SHAJI KUMAR Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred by the appellant against the order of confiscation of the Mahindra Jeep bearing Registration No. KL-09-D-358 dated 18. 05. 2001 passed by the learned Presiding Officer in C. C. No. 87 of 2001 for special Court for E. C. /ndps Act cases for the Districts of Coimbatore, Erode and nilgris at Coimbatore, wherein, he has directed to confiscate the vehicle to the state after expiry of the appeal time.

(2.) THE brief facts giving rise to the filing of this appeal are:-The appellant is the owner of the Mahindra Jeep bearing Registration no. KL-09-D-358. The respondent had filed a case in C. C. No. 87 of 2001 against the accused persons 1 to 3 namely Natarajan, Kubendran and Sudhir for an offence punishable under Section 20 (b) (1) of the NDPS Act. The prosecution case was that on 18. 12. 2000, when the respondent was indulged in a vehicle check up at mangarai check post along with other Forest party, at about 1. 00 P. M. , he noticed a Mahindra Jeep bearing Registration No. KL-09-D-358 coming from anaikatti towards Coimbatore, when it was intercepted the said vehicle was found driven by the third accused Sudhir. The first and second accused were found to be in possession of two cloth bags containing ganja weighing 4 Kgs each totalling 8 Kgs concealed in between the rear-seats and thereby, the accused nos. 1 to 3 were charged for the offence punishable under Section 20 (b) (1) of ndps Act (herein after referred to as Act ).

(3.) THE trial Court found the first and second accused guilty for offence punishable under Section 20 (b) (1) of NDPS Act and the third accused for offence punishable under Section 20 (b) (1) of NDPS Act r/w 29 of the said Act. The first and second accused were convicted and sentenced to undergo rigorous imprisonment for a period of one year each and to pay a fine of Rs. 15,000/- (Rupees Fifteen Thousand Only) each and the third accused was convicted and sentenced to undergo six months rigorous imprisonment. The trial Court also ordered confiscation of contraband seized by the respondents including Mahindara jeep which was marked as M. O. 6 in the case.