NARENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been preferred against the impugned order dated 17.09.2005, passed by learned Additional Sessions Judge, Fatehabad (for short 'trial Court'), whereby the Canter (TATA 407) bearing registration No.HR-39-9525 (for short 'vehicle in question') has been ordered to be confiscated to the State and directed to dispose off the same as per rules.

(2.) Brief facts of the case are that an FIR No.215 dated 11.11.2000, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') was registered at Police Station Sadar Tohana against one Uggarsain for illegal possession of 20 bags of Poppy Husk in the vehicle in question. Learned trial Court, in its judgment dated 14.01.2003, came to the conclusion that driver of the vehicle in question has not been identified, therefore, above said Uggarsain was acquitted of the charges while giving him the benefit of doubt, but in the concluding paragraph, it was directed that separate proceedings be initiated under Section 60 of Act for confiscation of the vehicle in question against its registered owner, namely, Ram Niwas.

(3.) Consequently, the process for confiscation of the vehicle in question was initiated and a notice in this regard was sent to Ram Niwas, but in response thereto, he denied the ownership of the vehicle in question while submitting that he has already sold the same to the present appellant. Thereafter, a notice was sent to the appellant, but he also denied the ownership of the vehicle in question by way of his written reply dated 15.06.2005 and submitted that he has further sold it to one Rohtash and relevant paragraph of the reply reads as under:-