Happa Ram v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRA-S-2555-SB of 2016 Date of Decision: 12.09.2018 Happa Ram ....Appellant

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Mohd. Yousaf, Advocate, for the appellant. Mr. Davinder Bir Singh, DAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Through this appeal prayer has been made for setting aside order dated 25.03.2016 of the trial Court ordering confiscation of appellant's vehicle bearing registration No.RJ-19GA-4112.

Learned counsel for the appellant has referred to order dated 01.04.2016 of a Co-ordinate Bench of this Court passed in CRA-S-3353-SB of 2015 (Ashwani Kumar Mehta v. State of Punjab) to contend that till decision of the appeal filed by the appellant against his conviction, his truck could not have been confiscated by the trial Judge vide impugned order. Heard.

Perusal of aforesaid order dated 01.04.2016 shows that in that case, lower Court had initiated confiscation proceedings against the offending truck, whereas in the instant case confiscation proceedings have already been concluded vide impugned order.

Facts and circumstances of the authority relied upon by learned counsel for the appellant are distinguishable from the facts and circumstances of the present case. Therefore, no benefit of the same can be given to the appellant. Dismissed.

(Ramendra Jain) September 12, 2018 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.09.13 18:18 I attest to the accuracy and authenticity of this document