PAWAN KUMAR Vs. STATE (U T ), CHANDIGARH

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing the order of the Judicial Magistrate First Class, Chandigarh, dated 9th April, 1983, by which he confiscated Matador No PUC 8 181 since according to the prosecution, it was being used for carrying liquor, which is an offence. It is admitted case of the parties that this vehicle belongs to the petitioner and that no opportunity of hearing was given to the owner of the vehicle before the order in question was passed. Mr. Goel, learned counsel for the petitioner, has placed reliance on a Single Bench authority of this Court in Bishan Singh v. The State of Punjab, 1974 C.L.R. 258, in which the Hon'ble Judge observed in the following terms : - "It is well settled law that an order confiscating the conveyance under section 11 of the Opium Act should not be passed without giving an opportunity to the alleged owner to prove that he did not know and had no reason to believe that opium was likely to be transported in the Conveyance in question. It would he unjust to confiscate the truck of a person, if he has no knowledge whatsoever that the truck was being used for transporting opium by his employee, the driver of the truck. Section 11 is a penal provision and it should be construed, in such a way that the person who has not committed or abetted any offence, should not be visited with penalty; unless he is given notice to show cause why the truck should not be confiscated and a person cannot be made liable because his employee made use of his truck for transporting opium without his knowledge". In view of the aforesaid facts, the order dated 9th April, 1993, passed by the Judicial Magistrate First Class, Chandigarh, confiscating Matador PUC 8181 cannot be sustained. Consequently I accept this petition and quash that order.