JUDGMENT

N.S. Shekhawat, J.

The present appeal has been preferred against the order dated 27.08.2004 passed by the Court of learned Special Court, Kurukshetra, whereby the prayer of the appellant, who is the registered owner of the confiscated car bearing registration No.HR-02B/6651, was declined on the ground that no proceedings were pending before the learned Special Court, Kurukshetra in the present case.

2. The story of the prosecution, as it emerges from the report under Section 173 Cr.P.C. is that on 06.11.1999, ASI Jahangir Singh along with other police officials was present on patrolling in crime detection duty and in the meantime, they received a secret information that Jasbir Singh @ Pappi S/o Darshan Singh, resident of Village Sujra was coming to village Sujra after loading crushed poppy husk in car bearing registration No. HR-02B/6651, driven by Harbhajan Singh S/o Sardool Singh and if nakabandi was held, they could be apprehended at the spot. Finding the said information reliable, the nakka was set up and after sometime, the car bearing registration No. HR-02B/6651 came from Babain side and turned towards village Sujra. On seeing the police party, the driver stopped the car immediately and ran away after leaving the said car. One person was caught at the spot and he disclosed his name to be Jasbir Singh @ Pappi S/o Darshan Singh resident of Sujra and the car was also taken into possession. On searching the car, a gunny bag was found on the back seat and during the course of interrogation, the name of the driver, who had fled from the spot, was found to be Bhajan Singh S/o Sardool Singh, resident of village Sujra. Since the police party had suspicion that some narcotic substance was being carried in the car, a notice under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the 'Act') was served upon Jasbir Singh and Jasbir Singh, suspect, opted to get his search conducted in the presence of a Gazetted Officer. The memos were prepared at the spot in this regard and the DSP, Headquarter was requested to reach at the spot by sending a wireless message. After sometime, the DSP reached at the spot in the government vehicle and on his direction, the search was conducted and 20 kgs of crushed poppy husk was recovered from the car, out of which 250 grams was separated as sample. The sample as well as the residue poppy husk were converted into separate parcels and were sealed with the seals bearing impressions 'JS' and the DSP also affixed his seal bearing impressions 'BS'. The car bearing registration No. HR-02B/6651 was also taken into possession by the police and the seal bearing impressions 'JS' was handed over to ASI Siya Nand and the recovery memo was also attested by the DSP. After necessary formalities as per law, the FIR in the instant case was registered.

3. After registration of the case and investigation, the challan was presented only against Jasbir Singh @ Pappi S/o Darshan Singh, co-accused, whereas Harbhajan Singh was found innocent.

4. After presentation of challan, the trial only progressed against Jasbir Singh who was convicted under Section 15 of the NDPS Act and was sentenced to rigorous imprisonment for a period of six months and to pay a fine of Rs.10,000/- and in default thereof, to further undergo imprisonment for three months. With regard to the case property, i.e. poppy husk, the learned trial Court observed that the same stood confiscated to the state and would be disposed off in accordance with the rules after the expiry period of limitation for filing appeal etc. However, the learned Special Court, Kurukshetra also held that the proceedings for confiscation of the conveyance used in transporting the contraband would be initiated separately as contemplated under Section 60 of the Act. With these observations with regard to the confiscated vehicle i.e. car bearing registration No.HR-02B/6651, the trial formally concluded against Jasbir Singh.

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