- (1.) This petition filed under Section 482 of the Criminal Procedure Code, 1973, prays for setting aside order dated 5.1.2011 passed by Additional Sessions Judge, Sirsa, vide which the application filed by the petitioner for releasing the truck bearing No. HR-37B-0593 on sapurdari, was dismissed.
(2.) The truck that was used for carrying 53 bags of poppy straw, containing 40 kilograms each, has been confiscated to the State under Section 60 sub-section (3) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The reason assigned for the same is recorded in the impugned order dated 5.1.2011 in following terms:- "It is an admitted fact that Paramjit Singh was registered owner of the truck in question. Said Paramjit Singh has died on 22.6.2004 as is clear from death certificate, placed on record. It is proved on record that 53 bags of poppy straw were recovered from the parked truck in question. The oral plea taken by the LRs of Paramjit Singh that the truck in question was given on rent by said Paramjit Singh, for one year to Krishan Pal at the relevant time, is not believable in lack of evidence as they have not adduced any evidence either oral or documentary to prove their aforesaid plea. Hence, keeping in view the aforesaid circumstances, this court has no option except to order the confiscation of the truck. Resultantly, the truck in question is ordered to be confiscated to the State and be disposed of as per rules. Copy of this order be sent to SHO concerned for compliance. File be consigned to records."
(3.) It is not in dispute that the petitioners did not bring any evidence to the Court so as to show that the truck was given on lease for one year to Krishan Pal. In such circumstances, no illegality can be traced in the impugned order The petition is accordingly dismissed.;