CHAINRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed under Section 454 of the Cr.P.C. against the judgment and order dated 29/11/2002 passed in Special Case No. 42/99 by learned Special Judge; I ADJ (NDPS Act) Mandsaur in ordering for confiscation of motorcycle MP 14/E/6487.

(2.) According to the prosecution case, appellant was found going on this Suzuki motorcycle having possession of 60 gm of heroin. He was caught and after due investigation, produced before the Court for prosecution. The learned trial Court, by the impugned judgment, found him guilty and convicted under Section 21(b) of NDPS Act (for brevity the Act) and sentenced to R.I. for one and half year and fine of Rs. 5,000/-. In default of payment of fine further R.I. for four months. Against this conviction, the appellant has not preferred any appeal. But he has filed this appeal against the order of confiscation passed by the impugned judgment in para 23.

(3.) The contention of the learned counsel for appellant is that there is no clear finding arrived at by the trial court that the Suzuki motorcycle was used for carrying contraband article like heroin. In fact according to the prosecution case, heroin was seized in search of the person of the appellant and it was found tied at the waist of the appellant. Therefore, it could not be said that in view of the provision under Section 60(3) of the Act, the conveyance was used in carrying narcotic drug. He further submits that the contraband article was not concealed in dicky or any part of the motorcycle. Therefore, it could not be said that the motorcycle was used for carrying the narcotic drug.