Kanwaljit Singh Ahluwalia, J. - (1.) GULAB Singh son of Lachhman Singh, resident of Budhshili, Tehsil Siwani, District Hisar, preferred present criminal appeal praying that order dated 6.1.1996 passed by learned Additional Sessions Judge, Hisar, whereby vehicle bearing registration No. HR -20 -A -2632 was confiscated to the State, be set aside.
(2.) CASE of the prosecution is that on 30.7.1993, in the area of Mahmadgi near Ghahghar Nali a vehicle make Tata 407 bearing Chassis No. 357 -010802973 and Engine No. 497 -SPZ -1997457 was taken into possession, in which 25 bags each containing 38 Kgms. of chura post were recovered. It is a further case of prosecution that the accused had escaped from the spot. For recovery of contraband poppy husk in 25 bags each containing 38 kgms. of chura post, FIR No. 257 dated 30.7.1993, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") was registered at Police Station Ratia. A perusal of impugned order shows that vide judgment dated 2.11.1995, all the accused in the case were acquitted. However, in terms of Section 60 (3) read with Section 63 of the Act, notice was issued to the owner of the truck i.e. Gulab Singh, present appellant. In reply to Show Cause Notice, Gulab Sigh has stated that he is resident of village Budhshelli near Siwani and had employed Karni Singh as driver of the said vehicle. The vehicle was usually parked in Mandi Siwani. He further stated that one Makhan Lal Bishnoi, resident of Lalwas, had purchased a buffalo from Ram Sarup, who was already known to Karni Singh. Therefore, on a request made to Karni Singh in the presence of Sant Lal of Siwani, Karni Singh agreed to transport buffalo at village Lalwas. It is further stated that this fact was disclosed to the appellant by Sant Lal. Then it has been stated that Karni Singh returned on the same day or next day, but he came without vehicle and informed the appellant that the vehicle had been taken into custody by the police of Police Station Ratia. Accordingly, the appellant went to the Police Station Ratia and requested the police officials to release the vehicle, where he was informed that the vehicle was used for transportation of poppy husk.
(3.) IN order to support his reply made to Show Cause Notice, Gulab Singh appeared as RW.1 and Makhan Lal appeared as RW.4, who refuted the contents given in the reply to the Show Cause Notice. Relying upon the testimony of four witnesses i.e. Gulab Singh RW.1, RW.2 Ram Sarup, RW.3 Sant Lal, and RW.4 Makhan Singh. It has been urged that Gulab Singh was not conscious of the fact that vehicle belonging to him was used for transportation of poppy husk.;