The appellant sought relief against an order confiscating a tractor-trolley involved in a conviction under Section 15 of the NDPS Act. The Court noted the vehicle was used for illegal drug transport and dismissed the appeal, upholding the confiscation.
Appeal dismissed; tractor-trolley bearing registration No. HR-09-3185 confiscated to the State.
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Criminal Appeal No.2019-SB of 2003.
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH
...
Criminal Appeal No.2019-SB of 2003.
Date of Decision: March 15, 2010.
Mehal Singh
... Appellant
VERSUS
State of Punjab
... Respondent
CORAM : HON'BLE MR.JUSTICE MOHINDER PAL.
Present: None for the appellant.
Mr. Vishal Munjal, Additional Advocate General, Punjab.
MOHINDER PAL, J.
This appeal is an off-shoot of Criminal Appeal No.570-SB of 2001 ( Balkar Singh v. State of Punjab) , which was filed by Balkar Singh (appellant therein) against the judgment of conviction and the sentence order dated 11.4.2001 passed by the Judge, Special Court, Patiala, whereby he was
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Criminal Appeal No.2019-SB of 2003.
convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the Act') Act and sentenced to undergo rigorous imprisonment for ten years and to pay Rs.1 lac as fine, in default whereof to undergo further rigorous imprisonment for two years. Vide separate judgment of even date, Criminal Appeal No.570-SB of 2001 has been dismissed.
In Criminal Appeal No.570-SB of 2001, appellant Balkar Singh therein was convicted and sentenced under Section 15 of the Act, as mentioned above, for recovery of of 50 bags of poppy husk, each containing 35 kilograms and 250 grams. The said poppy husk was being carried by Balwant Singh in a tractor-trolley bearing registration No.HR-09-3185. Appellant Mehal Singh herein is the owner of said tractor-trolley.
Vide order dated 3.6.2003 passed by the Judge, Special Court, Patiala, the said tractor trolley was ordered to be taken into custody by the police and kept in the `Malkhana'. Further, it was ordered that necessary orders be obtained from the Judge, Special Court, Patiala, for auction of the tractortrolley. It is this order which has been challenged by appellant Mehal Singh in this appeal.
Vide order dated 17.2.2004, this Court had ordered the release of tractor-trolley No. HR-09-3185 to appellant Mehal Singh on his furnishing `spurdaginama' to the satisfaction of the trial Court till the decision of the appeal.
As a huge quantity of poppy husk was recovered from the tractor-trolley, owned by appellant Mehal Singh, it
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Criminal Appeal No.2019-SB of 2003.
shows that he had knowingly permitted Balkar Singh to use the said tractor-trolley for illegal activities. Under the circumstances, I do not see any reason to interfere in the impugned order dated 3.6.2003 passed by the Judge, Special Court, Patiala. This appeal is, accordingly, dismissed. The tractor-trolley bearing registration No. HR-09-3185 shall stand confiscated to the State.
March 15, 2010. ak
( MOHINDER PAL ) JUDGE
2 issues framed by the court
Whether the order confiscating the tractor-trolley to the State ought to be interpreted in this appeal.
Whether the appellant is liable for knowingly permitting use of the vehicle for illegal activities.
Colour shows how this judgement treated each authority
Balkar Singh v. State of PunjabReferred¶20
Balkar Singh v. State of Punjab
1 provisions across 1 enactments
MEHAL SINGH
STATE OF PUNJAB
MOHINDER PAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
