SANJEEV KHOKHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition is filed under the provisions of Sec. 528 of B.N.S.S. 2023 assailing the order dtd. 6/11/2017 passed by learned Special Judge (NDPS) District and Sessions Court, Bhawanimandi, Jhalawar in Session Case No. 03/2010.

(2.) In a nutshell the factual narrative as averred by the learned counsel representing the petitioner is that the petitioner being proprietor of the firm viz. India International Builders (hereinafter referred to as the firm) was engaged in the business of construction ever-since the year 1983. On 13/4/1998 the firm of the petitioner entered into an agreement (Annexure P-3) with M/s SS Constructions (hereinafter referred to as contractors) whereby, the petitioner was entrusted with the work of outsourcing job works to the contractor upon the site of construction. However, the petitioner's firm suffered a gargantuan loss and in order to settle the debts of the contractor, the petitioner entered into a settlement agreement with the contractor whereby, one car having registration no. DL-4-CH-1763: Maruti Zen (hereinafter referred to as the offending vehicle) inter alia several other machineries, equipment and vehicles was handed over to the contractor in the year 1998. The said settlement agreement was reduced in writing on 7/3/2000 (Annexure P-4).

(3.) Learned counsel representing the petitioner had fairly conceded with the fact that since the offending vehicle was under a hypothecation lease, the same was not transferred to the contractor and the petitioner had undertaken to provide a NOC to the contractor upon discharge of the same. The controversy qua the instant dispute arose when on 11/10/2009 three persons were arrested with contraband of 1100 gms. of opium from the offending vehicle. Resultantly, on 14/10/2009 the Central Narcotics Bureau (hereinafter referred to as CNB) issued notices qua the petitioner (as the offending vehicle was registered under the petitioner's name). Sequentially, a criminal case bearing no. 1/2009 was registered against the accused, and learned Special Judge (NDPS Act) District and Sessions Court, Jhalawar, Rajasthan ordered conviction to the accused persons by sentencing 5 months of rigorous imprisonment and a fine of Rs.10,000.00 each.