HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.579 OF 2009
JUDGMENT:
1. This Criminal Appeal is filed by the Owner of the Lorry aggrieved by the Judgment dt.6/03/2009 passed by the I Additional Sessions Judge, Nizamabad, in NDPS Sessions Case No.96/2005, wherein and whereby the trial Court while acquitting the accused Nos.1 & 2 directed to confiscate M.O.2- Lorry bearing No.MH-26-7119 to the State after expiry of appeal time.
2. The appellant is the owner of the lorry which was seized from respondents 3 and 4 who are Accused Nos.1 and 2 for transporting 85 Kgs. of ganja which comes within the definition of a Narcotic Drug. The respondents 3 & 4/A1 & A2 were acquitted for the alleged offences. The learned Special Judge while acquitting the respondents 3 and 4 /A1 & A2, directed that the vehicle (lorry) shall be confiscated. Aggrieved by the same the owner of the vehicle filed the present appeal.
3. This Court on 13.05.2009 in Crl.A.MP.No.1124 of 2009 released the said vehicle to the petitioner-appellant who is the owner of the vehicle.
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4. The record does not reflect that notice was served on the appellant herein as required under Section 63 of the NDPS Act before confiscation. As seen from the record, there is no specific evidence to suggest that the contraband was seized from the lorry.
5. In the said circumstances, the direction of the I Additional Sessions Judge, Nizamabad, in NDPS Sessions Case No.96/2005 to confiscate M.O.2 (Lorry bearing No.MH-26- 7119), is hereby set aside.
6. Accordingly, the Criminal Appeal is allowed.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 22.09.2022 tk 3 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.579 OF 2009 Dated: 22.09.2022 tk