DEEPAK SINGH Vs. STATE OF MP

JUDGEMENT

(1.) This petition under section 482 of the Cr.P.C., 1973 has been filed to assail the order dated 05.12.2017, passed by learned Third ASJ, Sidhi, wherein the order passed by the learned JMFC, Sidhi, in Criminal Case No. 176/2017, has been affirmed.

(2.) The facts necessary for disposal of this petition are that, the petitioner is the registered owner of the vehicle truck bearing registration No.-MP-53-HA/2005. Registration certificate has been produced in this regard. The alleged vehicle was carrying sand and was overloaded. On 09.11.2017, Police Station, Sidhi, intercepted the vehicle and seized the same and the sand. The gross weight of the vehicle with sand was 34,920 kgs., whereas the permit was for 16 tons. The weight of the unloaded truck was 9 tons. Therefore, about 90,920 kgs. was overloaded. It is also alleged that the sand was being stolen. Therefore, offence under Section 379 of the IPC, Section 4 and 21 of the Mines and Minerals Act, 1957, section 3 and 4 of the Representation of The People Act, 1951, and 113 and 194 of the Motor Vehicles Act, 1988, has been registered against the accused persons, including the petitioner.

(3.) The petitioner has filed application for interim release of the vehicle on "Supurdginama" before the learned JMFC, Sidhi which was decided on 14.11.2017. Criminal Revision No. 195/2017 filed before the Third ASJ, Sidhi, was decided on 05.12.2017 and the order passed by the learned JMFC, Sidhi, has been affirmed.