ABHIJIT SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Question of law which crops up for consideration on reference by single bench about the applicability of the proviso attached to Section 63(2) of Narcotic Drugs and Psychotropic Substances Act, 1985 is:

(2.) Relevant facts for proper appreciation of the issue raised, are taken from the reference order dated 7.9.2010 that this appeal, under Section 454 of the Code of Criminal Procedure, has been preferred against the order directing confiscation of the jeep, bearing registration No. MP-17-B-1901, as contained in the operative part of the judgment dated 17.9.2009 passed by Special Judge (under the Narcotic Drugs and Psychotropic Substances Act, 1985)for short 'the Act'., Rewa in Special Case No. 14/2008. By that judgment, accused persons viz. Sardar Saket and Babbu Singh alias Prakash Narayan Singh, father of Appellant Abhijit Singh, were convicted under Section 8(c) read with Section 20(b)(ii)(B) read with Section 29 of the Act and sentenced to undergo rigorous imprisonment for 15 months and to pay fine of Rs. 15,000/- and in default, to suffer rigorous imprisonment for one year.

(3.) Undisputedly, the Appellant, a minor, is the registered owner of the vehicle.