Jagdish Chander vs State of Haryana

R.L. Anand, J.

Vide judgment and order dated 5.6.1997 S/Shri Bahader and Jeevan were convicted and sentenced in a case under Section 15 of the Narcotic Drugs and Psychotropic Substances Act. Vide para No. 13 of the order dated 6.6.1997 the Additional Sessions Judge, Sirsa also held that the case property recovered from the accused along with the tractortrolley in question stands confiscated to the State for being disposed of in accordance with law in due course of time. It was further ordered that Sapurdarinama and surety bond of the tractortrolley in question stood cancelled and the S.H.O. of the concerned police station was directed to take over the tractortrolley in question and produce the same in the Court for further proceedings so that the tractortrolley may be disposed of in accordance with law. Bahader and Jeevan filed two criminal appeals No. 582SB1997 and 597SB1997 and both these appeals are still pending for decision in this Court.

The present appeal No. 648SB1997 has been filed by Shri Jagdish Chander showing himself to be the owner of the tractortrolley. The main contention of the appellant is that before passing the order of confiscation he was not heard by the trial court. In support of his contention, the learned counsel for the appellant Shri H.S. Kamboj has referred the provisions of Section 60(3) of the N.D.P.S. Act. From the order dated 6.6.1997 it is not clear that at any point of time the Court of Additional Sessions Judge, Sirsa gave the opportunity to the present appellant to prove that the tractortrolley was used without his knowledge, connivance and consent. In this view of the matter directions are given to the trial court to give an opportunity to the appellant to prove his innocence in terms of Section 60(3) of the Act. Resultantly, the present appeal stands disposed of with the directions to the Court of Additional Sessions Judge, Sirsa to afford an opportunity to the appellant and then to decide the issue whether the tractortrolley was liable to be confiscated to the State for being disposed of in accordance with law or not.

The appellant shall appear before the Court of Additional Sessions Judge, Sirsa (trial Court) on 19.1.1998. He shall make an appropriate application. Till the decision of the said application the tractortrolley shall not be disposed of. The learned trial court shall take every efforts for the expeditious disposal of the application and preferably within three months from the date of the making of the said application. It may be clarified that this order has no bearing so far as the two criminal appeals filed by Bahader and Jeevan are concerned.

Copy of the order be given Dasti. One copy of the order be sent to the Court of Additional Sessions Judge, Sirsa for compliance.

JUDGMENT accordingly.