BALRAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 20.8.2007, rendered by the Court of Sessions Judge, Sirsa, vide which the Canter, bearing registration No. HR-14/1519 was ordered to be confiscated, to the State of Haryana, as per rules.

(2.) THE facts, in brief, are that Om Parkash, appellant, was found transporting poppy husk, in Canter No. HR-14/1519. He was arrested. FIR No. 73 dated 20.5.2005 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act" only) Police Station Sadar, Sirsa, was registered against him. He was convicted vide judgment of conviction and the order of sentence dated 11.1.2007 and sentenced to undergo RI for 10 years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine, he was directed to undergo further RI for two years.

(3.) IN pursuance of the show cause notice, they put in appearance, in the Court, and filed reply, wherein, it was stated by them that they were owners, in equal shares of the aforesaid Canter. They further stated that they employed Om Parkash as driver on the said Canter. It was further stated by them that Om Parkash used to operate the said Canter. They further stated that they never authorized Om Parkash to transport poppy-husk, in the said Canter. They appeared as PW9 and PW10, in the main case, against Om Parkash and deposed, therein, that they had no knowledge about his activities and that he had loaded poppy husk in the Canter of his own. They also stated that the vehicle was not liable to be confiscated.