under a hire purchase agreement from M s. Azad Bharat Finance Co. and he Was number present in or near the truck when the companytraband opium was taken possession of by the Excise Officer.
Both Harbhajan Singh and M s. Azad Bharat Finance Co. filed revisions in the Court of the Sessions Judge.
for the release of the truck.
9A and 9B of the Opitum Act 1 of 1878 as modified by the Opium Madhya Bharat Amendment Act, 1955, hereinafter referred to as the Madhya Bharat Act.
Appeal by special leave from the judgment and order dated January 29, 1964 of the Madhya Pradesh High Court Gwalior Bench in Criminal Revision No.
Five persons were challaned for the alleged illegal possession of companytraband opium and for its transport, under ss.
On May 28, 1962, M s. Azad Bharat Finance Co, applied in the Court of Shri M. C. Bohre, in which the trial of Harbhajan Singh was going on.
On September 7.
97 of 1964.
Harbhajan Singh was acquitted by the Magistrate but he ordered that the truck be companyfiscated to the State.
Regarding the truck, he ordered that the final orders regarding the disposal of the truck would be passed later, on the companyclusion of the trial of Harbhajan Singh.
5 of 1963.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Judgment of the Court was delivered by Sikri, J. This appeal by special leave is directed against the judgment of the Madhya Pradesh High Court Gwalior Bench in a Criminal Revision filed by M s. Azad Bharat Finance Company, one of the respondents in this appeal.
The revision arose out of the following facts.
L. Anand and S. N. Anand, for the respondents.
N. Shroff, for the appellant.
The Additional District Magistrate, Guna, companyvicted three persons and acquitted one person.
M.P.E. 1548, while it was parked at the bus station, Guna, was searched by the Excise Sub Inspector and he found companytraband opium weighing about three seers in it.
On May 3, 1961, truck No.
Harbhajan Singh, one of the accused, is alleged to have absconded, and, therefore, he was tried separately later on.
It may be Mentioned that Harbhajan Singh had taken this truck.
