LAWS(HPH)-2012-10-1

RAJENDER KUMAR Vs. STATE OF HP

Decided On October 05, 2012
RAJENDER KUMAR Appellant
V/S
STATE OF HP Respondents

JUDGEMENT

(1.) This petition, under Article 227 of Constitution of India read with section 482 Cr.P.C. has been filed for a direction to respondents No. 2 and 3 for releasing truck No. HP-65-6363 in favour of the petitioner.

(2.) It has been stated that petitioner is a registered owner of truck No. HP-65-6363 (for short 'truck' unless context is otherwise). On 16.8.2010, petitioner sent the truck alongwith its driver by loading government supply of 260 bags of cement from Dhanotu, District Mandi to Executive Engineer, IPH Division Kaza.

(3.) The petitioner came to know later on that truck has been impounded by the police in connection with FIR No. 17 dated 23.8.2010, registered at Police Station, Kaza, under sections 41, 42 of Indian Forest Act, sections 379, 465, 120-B IPC and section 7B(2) of Prevention of Corruption Act. The respondent No. 3 after impounding the truck alongwith goods handed over the truck to respondent No. 2 by taking it to be a case involving offence under the Indian Forest Act.