RAJ KOUR RANDHABA Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has filed this appeal against the order dated 1. 11. 2006, passed by the Special Judge (NDPS), Jabalpur, in MJC no. 3/2006, directing confiscation of the Truck bearing Registration No. M. P.-20-D-7770 under Section 60 (3) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) IN brief, the facts of the case are that the appellant Smt. Raj kour Randhaba is the registered owner of the aforesaid truck. She is mother of Ravindra Randhaba. Ravindra Randhaba used to ply the aforesaid truck on her behalf since last about 11 years. On 19. 3. 2002, bhedaghat Police checked the aforesaid truck and found accused ravindra Randhaba carrying 727 Kgs. and 400 Gms. of Ganja in it on the National Highway No. 7 near village Bahdan. Ravindra was prosecuted under Section 8/20 (b) (ii) (B) of the Narcotic Drugs and psychotropic Substances Act, 1985. After trial, the offence against him was found proved and he was convicted and sentenced to rigorous imprisonment for 15 years with fine of Rs. 2,00,000/- (rupees two lakh)by the trial Court by order dated 24. 9. 2003. In the same order, learned trial Court directed confiscation of the truck in which the aforesaid contraband was being transported.

(3.) APPELLANT, on the ground that she was the registered owner of the truck, she had no knowledge about commission of the offence by her son, therefore, she was entitled to the custody of the truck and that the order passed by the trial Court under Section 60 (3) of the narcotic Drugs and Psychotropic Substances Act, 1985 directing confiscation of the truck was illegal, filed an appeal before the High court, which was registered as Cr. A. No. 1735/03. High Court by order dated 27. 4. 2005 set aside the order of confiscation passed by the trial court and directed the trial Court to pass a fresh order in respect of disposal of the truck after giving adequate opportunity of hearing to the appellant. Trial Court held fresh enquiry and after recording the evidence of Smt. Raj Kour Randhaba again passed the order of confiscation of the said truck. The said order is subject matter of this appeal.