KARAM CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 4.2.2008 rendered by the Presiding Office, Special Court, Kurukshetra, vide which motor cycle No. HR -41 -A -8329 make TVS Max -100 was confiscated by the trial Court.

(2.) ON 31.8.2004, Jai Singh alias Jaisi son of Risala, in the area of Village Teoker, Police Station, Pehowa, was found in conscious possession of 40 kgs. Poppy husk, without any permit or licence, being carried by him on motor cycle No. HR -41 -A -8329. The challan was presented against Jai Singh for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as the 'Act'). Ultimately, after trial he was convicted and sentenced vide judgment of conviction and the order of sentence dated 4.12.2007. Since the motor cycle, aforesaid, bad been used for transporting the contraband and had been released to Karam Chand, superdar, a notice as per the provisions of Section 60 of the Act, was served upon him, who in pursuance thereof, produced the motor cycle. He did not file reply to the notice.

(3.) FEELING aggrieved, the instant appeal was filed by Karam Chand, appellant.