BIKKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal owes its origin to the order of conviction and sentence, passed by the Addl. Sessions Judge, Hoshiarpur, whereby one Paramjit Singh was convicted for an offence under S. 15 of the N. D. P. S. Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. One lakh, for keeping in his possession 37 kgs. of poppy husk, which was being carried in Tractor No. PJD-3296. The said Paramjit Singh has already preferred an appeal against the order of conviction and sentence, which stands admitted by this Court. The appellants who claim to be the owners of the tractor in question have preferred this appeal against the part of the said order whereby the trial Court while parting with the case has observed that "the tractor No. PJD-3296 which was knowingly used as a mode of conveyance by the accused also stands confiscated to the State".

(2.) Aggrieved by the said order, the present appeal has been preferred by the appellants while invoking the provisions of S. 452 read with S. 454 of the Code of Criminal Procedure, submitting that the learned trial court has not at all taken care of the provisions of S. 452 and did not conduct an inquiry as was required within the ambit of said provisions of the Cr. P. C. and without establishing as to who were the owners of the tractor, ordered its confiscation.

(3.) According to the appellants they have all the documents in their possession to show that they are the owners of the tractor No. PJD-3296 and as no opportunity was provided to them to prove their ownership in the court, therefore, there is no alternative except to prefer this appeal in this Court.