Devidas Kadam, vs The State Of A.P.,
2022 Latest Caselaw 4849 Tel

              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.

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

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.579 OF 2009

Dated: 22.09.2022

tk