AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the order dated 11.12.2007, rendered by the Judge, Special Court, Yamuna Nagar at Jagadhri, vide which he confiscated the jeep bearing registration No. HR-45-9264, which was used by Jaswinder Singh, for the purpose of transporting poppy husk.

(2.) ON 1.10.2006, 38 Kgs. 500 grams poppy husk, was recovered from the aforesaid vehicle, in the area of Village Sabalpur, Police Station Chhappar, District Yamuna Nagar, while the same was being driven by Jaswinder Singh son of Gurdev Singh, resident of Village Sidhpur, Police Station Butana, District Karnal. A case under Section 15 of the NDPS Act was registered against said Jaswinder Singh. He was tried, convicted and sentenced by the trial Court. Since Avtar Singh, appellant, was the registered owner of the vehicle, in question, show cause notice was given to him, to explain, as to why, the jeep, in question, be not confiscated as the same was used for transporting the poppy husk aforesaid with his knowledge. 2-A. Avtar Singh, appellant, in response to the show cause notice, submitted that he was the registered owner of the vehicle No. HR-45-9264. It was further submitted by him that the vehicle was meant for the purpose of Kar Sewa of the Gurdwara. It was further submitted that the said vehicle was used to be sent to other Gurudwaras and villages for collection of donations, grains and material for the purpose of Kar Sewa. It was further submitted by him, that he never authorized the use of his jeep, for any unlawful purpose. He further submitted that he only came to know when his vehicle was taken into possession by the police, that the same was being used for transporting the poppy husk. He further submitted that he did not know from which place, his vehicle was taken into possession by the Police. He also stepped into the witness box as his own witness as, RW1, and examined Balwinder Singh son of Dalip Singh as RW2. Thereafter he closed his evidence.

(3.) FEELING aggrieved, the instant appeal, was filed, by Avtar Singh Appellant.