OM PARKASH Vs. STATE OF H P

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) A case, under Sections 41 & 42 of Indian Forest Act and Section 379 of Indian Penal Code, has been registered against the applicant, for allegedly committing theft of Khair trees, in the area of Amb Tehsil of Una District, and making an attempt to smuggle the wood extracted from the felled trees. According to the police, on 5th November, 2009, when a team of police officials, headed by ASI Bir Singh, was present at Una, near cremation ground, Maruti Van bearing registration No.HP-23-4422 appeared from Amb side. It was signaled to stop, but it did not. Rather, the driver accelerated the speed and went towards Dhamandri Khud, where he abandoned the Van and disappeared in the reed plants. On search, nine logs of Khair wood were found in the Van. A case was registered, under the aforesaid provisions of Indian Forest Act and Indian Penal Code.

(3.) WRITING, regarding sale purchase of Van, which was executed between the applicant and Kanchan, shows that initially registration number was recorded as HP-20- 4422, but lateron digit `20' was changed to `23'. Learned counsel for the applicant has shown a carbon copy of the writing, in which registration number is recorded as HP-20- 4422 and there is no cutting in this carbon copy. On the police record, I find only Photostat copies. Photocopies of police record are similar to the carbon copy available with the learned counsel for the applicant, which indicates that the change in registration number has been effected after the writing had been prepared and its carbon copy handed over to the applicant. This carbon copy has been handed over to the Investigating Officer of the case, with a direction to take the same on the record of investigation, by means of a Memo, a copy of which is directed be supplied to the learned counsel for the applicant. In the Memo, the Investigating Officer shall specifically write that the number of the Van is not changed by overwriting in this carbon copy. In view of the abovestated position, as also the fact that the case was registered about a year back and no recovery etc. is involved, present application is allowed and the order of interim bail dated 25th October, 2010 is made absolute. Application stands disposed of.