NAZIR MOHAMMAD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision has been directed against judgment dated 22.6.2006 passed by learned Sessions Judge, Kullu in Criminal Appeal No. 26/2005, affirming judgment dated 7.9.2005 passed by learned Judicial Magistrate 1st Class, Manali in Criminal Case No. 184/1/2002/14-III.2002. The prosecution case in brief is that on 21.7.2002 at about 11 a.m. a telephonic message was received at Police Station, Manali that a loaded truck with forest produce was stationed at Gulaba. The police came to action and police party reached Gulaba at 12 noon, the truck No. HP-31-2527 was found there. The police officials were about to check the truck, two persons sitting in the truck on the front seats jumped out and sped away from the spot. The 3rd person Nazir Mohammad petitioner owner of the truck was apprehended by the police on the spot. The petitioner disclosed that driver of the truck was Man Singh and owner of the case property Kala has fled away from the truck.

(2.) On checking the truck 228 scants of different sizes of Deodar and 74 scants of different sizes of Rai, total 302 scants were recovered from the truck and taken into possession through seizure memo Ex. PW1/A. The petitioner was asked to produce permit for transportation of the timber but he could not produce any permit/authorization. Ex.PW-6/A ruka was sent for registration of the case and FIR Ex.PW-1/B came to be registered on the basis of ruka at Police Station, Manali.

(3.) The case was investigated. The value of the seized timber was got valuated. Spot map was prepared. The truck alongwith documents was taken into possession. It has come in the investigation that scants were loaded by petitioner and other accused from the saw-mill of Juna Singh at Larankelo. On completion of investigation the report under Section 173 Cr.P.C. was prepared and submitted in the Court.