PARVEEN KUMAR GAUTAM Vs. STATE OF H.P. AND ANR.

JUDGEMENT

(1.) The present petition has been preferred under Ss. 397/401 read with Sec. 482 of the Code of Criminal Procedure, assailing the order dated 17th December, 1994, passed by the learned Sessions Judge, Shimla, in Criminal Appeal No. 19 -S/10 of 1993.

(2.) The facts giving rise to the present proceedings are that Forest Range Officer, Nichar was informed by Shri Bharat Singh, Forest Guard, Incharge Chaura beat on 26.6.1992 at 3 P.M. that a truck No. HPH -2121 was parked at Chaura Nala on National Highway -22 and upon receipt of this information, the Range Officer accompanied by S/Sh. Punu Ram, Deputy Ranger, Mohinder Singh and Bharat Singh, both forest guards, rushed to the spot and found that the Truck No. HPH -2121 stationed there was covered with tarpaulin and had 109 numbers of deodar sleepers valued at Rs. 2,07,184/ - loaded in the truck. Nobody was found at the spot, neither were any documents relating to carriage of the timber e.g. export permit etc. recovered from the truck . The timber itself was not having any hammer or property or khudan mark. No documents relating to the truck, i.e. Log Book, Registration Certificate or Driving Licence were found. Thereafter, the Range Officer went to Sungra Police Station and registered the FIR No. 44/92. The Police party came to the spot and the truck alongwith the sleepers was taken to Sungra Police Station. The truck was then brought by the Range Officer to Nichar on 2.7.1992 and was kept in the custody of Shri Amir Chand, Forest Guard.

(3.) The Authorised Officer, who happened to be Divisional Forest Officer, Nichar Forest Division, as per provisions of Sec. 52 -B(1) of the Indian Forest Act(hereinafter to be called as " the Act") issued show cause notice to the owner of the truck, who happened to be the present Petitioner, as to why the truck should not be confiscated.