Criminal Revision No.1463 of 2011(O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1463 of 2011(O&M) Date of Decision: September 08, 2011 Bijender ... Petitioner Versus State of Haryana ... Respondent CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.Sandeep Kotla, Advocate for the petitioner. Mr.Satyavir Singh Yadav, Deputy Advocate General, Haryana for respondent – State. NAWAB SINGH J.(ORAL) CRM No.35779 of 2011 : For the grounds mentioned in the application, the delay of 32 days in filing the revision is condoned. Main case : Challenge is to the order dated March 07th, 2011, passed by Presiding Officer, Special Court, Panipat, whereby, while convicting and sentencing Ram Niwas and Sunil under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in case First Information Report No.96 dated February 03rd, 2011, Police Station Samalkha, confiscation of car bearing No.HR-60B-9900, owned by the petitioner, was also ordered. It was alleged that Ram Niwas and Sunil – accused were carrying 7 kilograms of poppy husk in the said Car. During trial, they confessed their guilt and accordingly, were sentenced to the period, already undergone i.e. from February 04th, 2011 to March 07th, 2011, and to pay fine of Rs.4000/-, each, vide judgment dated March 07th, 2011. The petitioner was not accused in the said case. There is no evidence on record to show that it was in the knowledge of the petitioner that his Car was being used by the accused for carrying the Criminal Revision No.1463 of 2011(O&M) [ 2 ] poppy husk. Otherwise too, Station House Officer, vide his report dated April 26th, 2011 stated that the prosecution has no objection in releasing the car to the petitioner. In view of this, there should not be any impediment in releasing the car to the petitioner. The order of the Trial Judge to confiscate the Car was not justifiable. The revision is accepted. The order, under challenge, to an extent of confiscating the car, is set aside. Accordingly, the Car be released to the petitioner, if not required in any other case. Disposed of accordingly. September 08, 2011 ( NAWAB SINGH ) `gian' JUDGE