PANDURANG NARAYAN GARUD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In continuation of the Order directing the Investigating Officer to file an Affidavit, the Sub Inspector attached to Shirur Police Station has placed on record an Affidavit which contains statements of several persons recorded during the course of investigation.

(2.) From the very beginning, the case of the Applicant is to the effect that he had already transferred the truck in question to Subhash Abhiman Amte and an Agreement was executed on a stamp paper of Rs.100/-.

(3.) The learned A.P.P., however, attempts to argue by relying on statement of the person who was sent to fetch the stamp paper of Rs.100/- and state that the statements of notary and witnesses are procured by the Applicant. In any case, the alleged offence is at the stage of investigation. The offence registered against the Applicant is under Sections 379, 341 and 413 of the IPC. Section 379 of the IPC is punishable with imprisonment not less than three years. The offence under Section 341 of the IPC, which prescribes punishment for wrongful restraint is punishable with simple imprisonment for a term which may extend to one month. As far as offence under Section 413 of the IPC is concerned, it deals with habitually dealing in stolen property, which is punishable with imprisonment for a term which may extend to 10 years and also liable for fine, is a matter of investigation.