SANTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SANTA Singh, petitioner, who is owner of tractor No. PAS 3499 and also the trolly, has filed this petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India for quashing order dated 27.10.1993 passed by Additional Sessions Judge, confiscating the tractor-trolly of the petitioner, and Notice-Annexure P-3 issued by the Additional Sessions Judge, Sangrur calling upon the petitioner to produce the said tractor trolly in Court, failing which his superdari would be cancelled.

(2.) IN this case, an FIR bearing No. 108 dated 18.7.1990 was registered against the accused-Mohan Singh, Karnail Singh and Jagrup Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). In that FIR it was alleged that on 18.7.1990 when the police officials were present in the area of Sunam in connection with nakabandi, the aforesaid accused who were carrying the poppy husk in tractor-trolly in question, were arrested on the spot. The said vehicle was being driven by accused-Karnail Singh and the other co-accused Mohan Singh and Jarnail Singh were sitting inside the trolly. As many as eight gunny bags, each containing 40 kgs. of poppy husk were recovered from the tractor-trolly. It was also seized by the police.

(3.) AFTER investigation, the police filed the challan. Charges were framed against all the three accused.