- (1.) Present criminal appeal has been filed against the order dated 15.10.2012 (Annexure P/10) passed by learned Judge, Special Court, Sangrur, whereby application for releasing the articles on spurdari to the appellant has been allowed subject to furnishing spurdari bonds in the sum of Rs.10,00,000/- with one surety in the like amount with the direction that the appellant will produce the articles as and when directed by the Court and will keep the articles in present condition and will not change its condition etc.
(2.) Brief facts of the case are that appellant company is a registered Transport Contractor of Central Command, Lucknow, Ministry of Defence, Government of India under Registration No. MGASC/A/24 dated 12.12.2008 for the monetary limit of Rs.20 crores and has been granted contract for transport of the military articles. In the execution of the aforesaid contract, articles/packages belonging to the military were to be transported from Kanpur to Kandrori Depot (Pathankot) vide bilty/receipt dated 28.06.2012 (Annexure P/5). These articles were being transported by the appellant through truck No. PB-06-E/9796 from which alleged recovery of poppy husk from the driver's cabin was effected by the police authorities. As a result of this, an FIR No. 66 dated 05.07.2012, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, at Police Station Longowal has been registered and the truck along with articles has been taken into custody by the police. These articles/packages belonging to the military authorities are urgently required for army personnel posted at high altitudes to safeguard the border of the country. As such, these articles cannot be detained for long. Moreover, it is submitted that these articles are not the case property.
(3.) An affidavit dated 19.11.2012 of Naib Subedar G.S. Rathore, 9, FOD Kandrori, Tehsil Indora,District Kangra (HP) has been filed in Court today. The same is taken on record.;