PIARA SINGH Vs. THE STATE

JUDGEMENT

(1.) THE circumstances in which this revision petition has arisen are these. On or about 12th April, 1965, a large quantity of poppy husks contained in 105 bags was being carried in truck No. PNJ -9749, which was seized by the police. Gurnam Singh, driver of the truck and Ram Lubhaya, another person, who was in the truck, were challenged under Section 9 of the Opium Act. The truck was seized under Section 15 of that Act and it is argued before me that the truck was liable to be confiscated under Section 11 of the Act. Of course it is admitted that even in case of passing an order under Section 11, the magistrate concerned may give an option to the owner under Section 12 of the Act to pay a fine in lieu of confiscation.

(2.) ON an application by Piara Singh Petitioner the Duty Magistrate is stated to have passed an order on April 14, 1965. directing the handing over of the truck on garnishes basis on furnishing security in the sum of Rs. 25,000. Though the application was by Piara Singh owner, in the order passed it was stated that the truck may be returned to the accused on the above conditions. Gurnam Singh accused offered to take the truck in pursuance of the above order. When the mistake was detected by the prosecution, an application for review of the order of the Duty Magistrate was filed. This review application was accepted by the Judicial Magistrate on 20th April. 1965. in which order the relevant portion is in the following words:

(3.) IT has been argued by Mr. A.S. Bains, the learned Counsel for the Petitioner, that no notice has so far been given to him why the truck be not confiscated, that the main case under Section 9 of the Opium Act has not yet reached an appreciable stage, and that the owner is being deprived of the truck, and is losing Rs. 100 per day and the truck has been acquired from Messrs Paragon Utility Financiers Limited by the Petitioner on hire -purchase basis which is causing the Petitioner an irreparable loss and irretrievable injury. He states that he is prepared to take the truck on any conditions which may be imposed for the restoration of the truck.