CHAUDHARY RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (hereafter referred to as 'the Code') has been preferred by the petitioner for quashing the order dated 30-10-2002 passed by the learned Sessions Judge, Mandi, whereby the petitioner's appeal against the order dated 20-5-2000 passed by the Authorised Officer, has been dismissed.

(2.) Brief facts leading to the presentation of this petition are that on 30-3-1999 at about 3.45 p.m., a police party headed by ASI Neel Chand of Police Station, Aut, tried to stop truck No. HP 332372 at Soja. However, the truck was not stopped. The police party chased the truck which was finally found parked on the National Highway near Aut. There were 148 deodar sleepers in the truck which did not bear any hammer mark. The truck along with the timber therein was taken to Range Officer at Panarsa where the timber was unloaded and the truck was then taken to Police Station, Mandi. The matter was reported to the concerned Authorised Officer-cum-DFO, who, after holding inquiry into the matter, vide his order dated 20-5-2000, confiscated the said truck and the timber in favour of the H. P. Government. Being aggrieved, the petitioner preferred an appeal in the Court of the learned Sessions Judge, Mandi, who dismissed the appeal by the impugned judgment. Hence this petition by the petitioner.

(3.) I have heard the learned counsel for the petitioner and the learned Deputy Advocate General for the respondents and have also perused the records.