JANGIR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Briefly, the facts of the case are that FIR No.48 dated 10.05.1999 was registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after referred to as 'the Act') at Police Station Budhlada. Canter No.PB-13C-9741 owned by Bhola Singh was taken into possession by the police and the same was released on superdari in the sum of Rs. 5,00,000/- and consequently, the petitioners executed superdari nama and superdari bond undertaking to produce the canter in the Court as and when required. The said canter was hypothecated to B.K.. Finance, Sangrur and the hypothecation deed was executed in the month of September, 1998.

(2.) As per statement of the appellants, the said canter was forcibly taken into possession by the Tour Finance Company and the same could not be produced in the Court. Proceedings under Section 446 of the Cr.P.C were initiated against the appellants by issuing notice to them. Since the vehicle was not produced and the superdari bonds were cancelled and were forfeited to the State, show cause notices were issued to the appellants to show cause as to why an amount of Rs. 5 lacs be not recovered from them on violation of terms and conditions of the Superdari Bond dated 21.07.1999. Proceedings under Section 446 of the Cr.P.C were initiated and ultimately vide judgment dated 09.09.2003, the appellants, namely, Jangir Singh, Balla Singh and Kartar Singh were imposed penalty of Rs. 15,000/- each for not producing the canter in the Court during proceedings of the case. They were also ordered to undergo civil imprisonment for a period of six months in default of payment of penalty. The amount of penalty was ordered to be paid within a period of one month, failing which, the penalty was ordered to be recovered as land revenue vide judgment dated 09.09.2003 passed by the Special Court, Mansa.

(3.) The judgment dated 09.09.2003 passed by Judge, Special Court, Mansa is subject matter of challenge in the present appeal. The appeal was admitted on 23.10.2003 and operation of impugned order was stayed.