JAGNANDAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant under Sec. 454 Cr.P.C. against the judgment dtd. 21/9/2011 passed by learned Special Judge, NDPS Cases, Sri Ganganagar in Sessions Case No. 08/2007 by which the learned Judge confiscated the appellant's Hero Honda motorcycle bearing Engine No. RJ-04D60M02399 and Chassis No. 04D63C02889.

(2.) Counsel for the appellant submits that no notice was served upon the appellant in compliance of Ss. 60 to 63 of NDPS Act. It is submitted that the appellant is the registered owner of the motorcycle in question, therefore before confiscation a notice under Ss. 60 to 63 of NDPS Act was required to be served upon the appellant and the proceedings in compliance of Ss. 60 to 63 of NDPS Act have not been complied with. It is submitted that in such circumstances, the judgment of confiscation of motorcycle in question is per-se illegal and liable to be set aside. In support of his contention, the counsel for the appellant has relied upon the judgment of this Court in the case of Jaiprakash v. State of Rajasthan [2003 (3) R.Cr.D. 354 (Raj.)].

(3.) Per contra, learned Public Prosecutor has supported the impugned judgment and submitted that the trial court has discussed the reason of confiscation of motorcycle in question.