NAHIF ALI@ MANU Vs. THE STATION HOUSE OFFICER

JUDGEMENT

(1.) The petitioner is the third accused (originally the fifth accused) in Crime No.670 of 2015 of Ambalavayal Police Station, registered for the offence under Section 3 (1) of the Prevention of Damage to the Public Property Act and Sections 120 (B) and 201 read with section 34 IPC.

(2.) The prosecution allegation is that on 8.01.2015 at about 4.30 a.m., the petitioner along with the other accused in furtherance of their common intention, transported chick through Talur Check Post in two Volero pick up vans, escorted by a car, after causing damage to the pillar of the check post, for evading sales tax to the tune of Rs.3,00,000/ -. The State Government sustained a loss to the tune of Rs.5,370/ - due to the damage caused to the check post pillar.

(3.) The petitioner has filed this application under Section 439 of Cr.P.C.