ALAF DEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition under Section 397/401, Code of Criminal Procedure, has been directed against the order dated 26.6.2998 of the learned Sessions Judge, Una affirming the order dated 19.9.1995 of the learned Additional Chief Judicial Magistrate, Amb, ordering the confiscation of the truck bearing No. HIU -1837 under Section 55 of the Indian Forest Act, 1927 (for short: the Act) as applicable to the State of Himachal Pradesh.

(2.) The facts of the case leading to the present petition may be briefly stated thus. The petitioner is the owner of the truck HIU -1837. One Tufail Mohammad, brother of the petitioner was the driver of the said truck. On 23.9.1989 at about 3.30 AM this truck was intercepted by the then Station House Officer of Police Station, Amb on Kalruhi -Lohara Saloi road, when 97 tins of resin were found being transported without any valid export permit. The truck and the tins of resin being carried therein were seized and taken into possession of the truck, and one Sat Pal were sent up for trial for the offences under Section 41/42, Forest Act and under Section 379, read with section 34, Indian Penal code. Both Tufail Mohammad and Sat Pal were convicted for the offence under section 41/42 of the Act read with Section 34, Indian Penal Code. Each one of them upon such conviction was sentenced to rigorous imprisonment for six months and to pay a fine of Rs. 1000/ - by the learned Sub Divisional Judicial Magistrate, Amb, vide judgment dated 31.3.1993.

(3.) While convicting and sentencing the two accused Tufail Mohammad and Sat Pal, the learned Magistrate, directed the issuance of a notice to the present petitioner under Section 55 of the Act as amended by H.P. Act No. 25 of 1968 to show cause as to why the truck HIU -1837 owned by him and used in the commission of a forest offence be not confiscated.