JOGINDER SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT appeal has been preferred by appellants Joginder Singh and another, the registered owners of Ambassador car bearing registration No.HRL -4786 against the order dated 22.09.2004, vide which the car in question was ordered to be confiscated under Section 60 (3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the 'Act')

(2.) THE brief facts, giving rise to the impugned order, are that the aforesaid Ambassador car was used in carrying three gunny bags containing 38 Kg. poppy husk each on 24.09.2000 and as a result of which, a case bearing FIR No. 100 dated 24.09.2000, under Section 15 of the Act was registered at Police Station Jhansa against Sanjay Kumar, who was driving the said car and Balbir Singh, who travelling in the said car. Both of them were held guilty and convicted by the Judge, Special Court, Kurukshetra vide judgment dated 01.12.2003. While disposing of the said case, the learned trial Court ordered for initiating the proceedings for confiscation of the car in question as contemplated under Section 60 of the Act.

(3.) THE appellants filed the written reply to the show cause notice alleging therein that they are using the car in question for their personal use and some time they use this car through driver Sanjay Kumar on some booking from Taxi Stand, Karnal for carrying the passengers. They never allowed Sanjay Kumar to use the car for carrying contraband and substance for the wrongful purpose. On 24.09.2000, Sanjay Kumar driver took the car from Karnal to village Hinga Kheri without their permission and knowledge, as they were busy in 'Akhand Path' at the house of Joginder Singh. They only came to know after the arrest of Sanjay Kumar and Balbir Singh that they were carrying the contraband in the said car. They further pleaded that driver Sanjay Kumar drove the said car with contraband without their consent and permission. They are innocent. Hence, the notice may be withdrawn.