Crl. Misc. No.M-4347 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-4347 of 2011 Date of Decision: 16.03.2011 Manjit Singh son of late Shri Narota Ram ....Petitioner Versus State of Punjab ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mrs. Kiran Bala Jain, Advocate for the petitioner. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C for quashing the order passed by Special Judge, Patiala dated 16.12.2010 by virtue of which the separate proceedings with regard to the confiscation of Indica Car bearing No.HR-70-3293 under Section 63-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been ordered to be initiated. It is not understood as to how the Special Judge, Patiala has mentioned the provisions for proceedings to be initiated for confiscation of Indica Car under Section 63-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after referred to as “the Act”). Section 63-A of the Act does not find mention in the said Act. However, learned counsel for the petitioner has brought to the notice of this Court the provisions of Section 63(2) of the Act, which read as under :- “63. Procedure in making confiscations.- (1) xxx xxx xxx (2) Where any article or thing seized under this Act Crl. Misc. No.M-4347 of 2011 2 appears to be liable to confiscation under section 60 or section 61 or section 62, but the person who committed the offence in connection therewith is not known or cannot be found, the court may inquire into and decide such liability, and may order confiscation accordingly: Provided that no order of confiscation of an article or thing shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim:” It is evident from the order dated 16.12.2010 passed by the Judge, Special Court, Patiala that as on date, only proceedings with regard to the confiscation of the Indica Car are ordered to be initiated. In view of the above, the present petition is disposed of with a direction to the trial Court that the petitioner, who is stated to be the owner of the said vehicle, be given an opportunity as contemplated in the proviso to Section 63(2) of the Act before passing any final order. Disposed of in the above terms. (NIRMALJIT KAUR) 16.03.2011 JUDGE gurpreet