MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Briefly stated, facts of the case as per the prosecution version are that accused Harwinder Singh son of Jang Singh, resident of Nagla, Police Station Sunam, District Sangrur faced trial in FIR No. 105 dated 8.4.2005 for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), registered with Police Station Sunam on the allegations that on 8.4.2005 at about 2:00 p.m., a police party headed by Inspector Balwinder Singh, SHO of Police Station Sunam while present on the bridge of Canal minor on Shahpur Kalan - Cheema Link road in the area of village Shahpur Kalan had intercepted the car mark Opel of white colour bearing registration No.DL4CF/6245 coming from village Cheema side. It was being driven by Harwinder Singh - accused. Thecar was searched and contraband in the form of poppy husk being carried in five gunny bags was recovered from the diggy of the car. Each bag was containing 35 kgs. of poppy husk. Samples were drawn therefrom. Accused was arrested. The contraband was taken into possession. The car along with its registration certificate was taken into police possession.

(2.) On conclusion of trial, Judge, Special Court, Sangrur vide judgment dated 15.4.2006 acquitted the accused of the charge framed against him. Whereas with regard to the car bearing No.DL4CF/6245, it was ordered to be confiscated to the State.

(3.) Malkiat Singh claiming ownership of the car has challenged that judgment by way of filing the present appeal before this Court. The appeal was admitted vide order dated 24.10.2006. The car was ordered to be released on superdari to the applicant/appellant after taking adequate security and on certain conditions mentioned in the order dated 7.12.2006.