BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of Crl. Misc. No. M-8239 of 2015 titled 'Baljit Singh v. State of Punjab' and Crl. Misc. No. M-8262 of 2015 titled 'Sher Singh v. State of Punjab' as both the petitions arise from the same orders.

(2.) Instant petitions have been filed against the order dated 21.02.2015 passed by learned Additional Sessions Judge, Shaheed Bhagat Singh Nagar and order dated 11.12.2014 passed by learned Judicial Magistrate Ist Class, Shaheed Bhagat Singh Nagar, whereby applications for release of Tippers bearing registration Nos.PB-10-EH- 5311 and PB-12-Q-1741 on sapurdari, which were impounded in case FIR No.147 dated 26.11.2014 registered under Sections 379 IPC and 21 of the Mining Act, 1957 at Police Station Rahon, District Shaheed Bhagat Singh Nagar, have been dismissed.

(3.) Brief facts for disposal of the present case are that petitioners are the owners of the aforesaid vehicles. As per prosecution version aforesaid vehicles were apprehended by the police personnel of Police Station Rahon, District Shaheed Bhagat Singh Nagar on the allegation that petitioners were bringing the tippers filled with sand after stealing it from the Government land. As a result of it FIR was registered and vehicles in question were taken into custody and in case of conviction it is liable to be confiscated. Petitioners moved applications for releasing the said vehicles on sapurdari, which have been dismissed vide impugned orders. Hence, these petitions.