SUSHMA SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner is the owner of the Mahindra Jeep bearing registration No. HP-21-9300. He has called in question the judgment/order passed by the learned Additional Sessions Judge (Fast Track Court), Hamirpur, in Criminal Appeal No. 25 of 2007 decided on 6th March, 2009, whereby the order of confiscation dated 3.4.2007 of the said vehicle involved in forest offence, passed by the Authorized Officer under Section 52(A) of the Indian Forest Act, 1927, was upheld.

(2.) The facts, as are necessary for the disposal of the present petition, can be stated thus. In Mahindra Jeep bearing registration No. HP-21-9300, Balbir Singh was employed as a driver by the petitioner herein. On 2.10.2006, at about 4.30 p.m., the police intercepted the said vehicle. Besides driver, there were three other persons travelling therein. It was checked and found to have 28 filled-in resin tins beneath five bags of "Turi" (dry grass). Police arrested the driver and the other persons namely, Jyoti Parkash and Tilak Prasad, the employees and Hari Krishan, son of Nikku Ram, Resin Contractor, as they failed to produce permit and also took into possession the resin filled tins. The Police sent a ruqa for registration of the case, on the basis of which FIR No. 173/06 was registered on the same day under Sections 41 and 42 of the Indian Forest Act. The said vehicle was also taken in to possession. The petitioner was not named as an accused by the police.

(3.) The police moved an application on 4.10.2006, i.e. after about two days of the incident, for the disposal of resin tins and the vehicle in question in terms of Section 52(A) of the Indian Forest Act, to the Divisional Forest Officer, Hamirpur-an Authorized Officer to take the cognizance of the matter under the said section. Thereafter, show cause notices were issued against the above-named accused persons and the petitioner, after recording the statements of the witnesses. However, on 5.10.2006, an application was moved by the petitioner Kashmir Singh, for the release of his vehicle being the registered owner of the vehicle. The Authorized Officer had already issued a show cause notice on Ist March, 2007 against him, which read as under: