PUNJAB KASHMIR FINANCE PVT LIMITED Vs. STATE

JUDGEMENT

(1.) This appeal under Section. 454 Code Criminal Procedure read with Sec. 63(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the judgment dated 3-1-89 passed by learned Addl. Sessions Judge, Chittorgarh whereby he has refused to release the truck No. DEL-3097.

(2.) Brief facts giving rise to this appeal are that the appellant is engaged in the hire purchase business having its head office at Jallandhar and branch office at Delhi. It was alleged that under hire purchase agreement dated 30-5-85 the truck No. DEL-3097 was hired to M/s. Swaran Singh Hardayal Singh on certain conditions. It was also alleged that the truck was seized in connection with the offence committed under the Narcotic Drugs And Psychotropic Substances Act and the learned Addl. Sessions Judge vide his order dated 3-1-89 confiscated the truck and rejected the application of the appellant for release of the truck. Hence, this appeal.

(3.) Mr. Bhagwati Prasad, learned counsel for the appellant has submitted that the application of the appellant has been rejected only on the ground that the driver Tarsem Kumar, Davendra Singh and Inderjit Singh were convicted under Section. 8/18 of the Narcotic Drugs And Psychotropic Substances Act and were sentenced to imprisonment and also sentence of fine was imposed on them. He further submits that no proceeding under Section. 25 of the Act has been initiated and no challan has been filed. He submits that the aforesaid accused persons have been acquitted of the offence by this Court in S. B. Cr. Appeal No. 300/88 on 10-8-92.