Ram Chand Gupta, J. (Oral).:- The present petition has been filed under Section 482 of Code of Criminal Procedure read with Section 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the ‘Act’) for quashing the order dated 06.12.2008, Annexure P5, passed in Sessions Case No.124 NDPS of 2007 by learned Additional Sessions Judge, Fatehabad to the extent of directing the confiscation of vehicle Scorpio bearing registration No. MH- 02MA/8676 (now having registration No. HR-39A/6201) owned by petitioner – Suresh Kumar without giving notice and opportunity of hearing to the petitioner.

2. I have heard learned counsel for the parties and have gone through the whole record.

3. As per the case of prosecution, Scorpio vehicle in dispute was intercepted on 03.02.2007 by the police and the same was found loaded with poppy husk. Accused Sunil Kumar and Balwan Singh were arrested at the spot, who were carrying poppy husk in the said vehicle. They faced trial and were convicted and sentenced by learned Additional Sessions Judge, Fatehabad vide judgment dated 06.12.2008, Annexure P5. At the time of passing order of sentence, learned trial Court has also ordered