Citation : 2024 Latest Caselaw 19944 P&H
Judgement Date : 11 November, 2024
Neutral Citation No:=2024:PHHC:148488
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
234
CRA-S-3739-SB of 2015 (O&M)
Date of Decision: 11.11.2024
Rajinder Singh @ Bittu ... Appellant
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Mr. Vishal Minjal, Advocate,
for the appellant.
Mr. Satjot Singh, AAG, Punjab,
for the respondent-State.
***
MANISHA BATRA, J. (Oral)
1. Prayer in this appeal has been made by the appellant for
setting aside the order dated 04.06.2015 passed in NDPS case No.350 of
2014 arising out of FIR No.14 dated 22.03.2014 registered under Section
15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (For short
"NDPS Act") at Police Station Taragarh, Pathankot, whereby, the Special
Court, Pathankot had passed order for cancellation and forfeiture of the
bonds previously furnished by the present appellant for release of vehicle
bearing registration No.PB-06-G-2807 on sapurdari and the abovesaid
vehicle was directed to be impounded. He has further challanged the
order dated 28.07.2015 whereby the impounded and confiscated vehicle
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Neutral Citation No:=2024:PHHC:148488
CRA-S-3739-SB of 2015 (O&M)
was ordered to be disposed of by the Chief Judicial Magistrate, Pathankot in
accordance with rules and sale proceeds thereof were ordered to be
deposited in the Treasury. The appellant has filed a separate appeal bearing
No.CRA-S-2384-SB of 2015 against the judgment of conviction dated
12.03.2015 and the order on quantum of sentence dated 13.03.2015. Today,
vide a separate order passed in the abovesaid appeal, the same has been
disposed of. The appellant did not press the conviction part and restricted his
claim to the sentence part. The period of custody already undergone by him
is ordered to be treated as period of sentence. Since the appellant has not
challenged the order of conviction in the connected appeal, therefore,
learned counsel for the appellant has very fairly submitted that he does not
press his claim in the present appeal whereby he has challenged the orders
dated 04.06.2015 and 28.07.2015 since due to affirming of the conviction
order, the prayer made by the appellant in this appeal has become
infructuous.
2. As such, the present appeal is disposed of as having been
unpressed.
3. Miscellaneous application(s), if any, also stand disposed of.
(MANISHA BATRA)
11.11.2024 JUDGE
manju
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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