RAJ KOUR RANDHAWA Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal under Section 454 of Cr. PC is directed against the order dated 24-9-03 passed by the Special Judge, Jabalpur in Special Case No. 12/02 whereby truck MP 20-D/7770 has been confiscated. Admittedly, appellant is the registered owner of truck MP 20- D/7770. On 19-3-02 the Truck aforesaid driven by her son Ravinder Singh was stopped by the Police on N. H. 7. The search of truck being conducted, 24 bags containing Ganja were found kept under the Tripal. As such, 692. 600 Kgs. Ganja was seized from Ravinder Singh. Completing investigation, Ravinder Singh was prosecuted under Section 8/20 (b) (ii) (C) of NDPS Act, 1985. In Special Case No. 12/02, vide impugned judgment dated 24-9-03 the Court below recording conviction of Ravinder Singh under Section 8/20 directed confiscation of truck aforesaid.

(2.) SECTION 60 deals with the confiscation of animals or conveyance used in carrying any narcotic drug or psychotropic substance. Section 60 (3) reads as under:

(3.) CONSEQUENTLY, appeal is allowed. Order impugned confiscating the truck is set aside. Instead the Court below is directed to issue a show-cause notice to the appellant and decide afresh in accordance with law.