SAD MOHAMMAD Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the order dtd. 3/12/2022 passed by learned Additional Sessions Judge-III, Kangra at Dharamshala, vide which, the appeal filed by the petitioner (respondent before learned Trial Court) was dismissed as having become infructuous.

(2.) Briefly stated, the facts giving rise to the present petition are that Desh Raj, Range Forest Officer, Rattan Lal, Block Officer and Onkar Mishra, Forest Guard, found a truck bearing registration No. HP-19B-4409, covered with tarpaulin, parked near Hanuman Mandir Nagrota Bagwan on National Highway-154 on 27/6/2019. The driver was sitting in the truck. Santosh Kumar and Raj Kumar were found standing near the truck. The driver revealed his name as Sad Mohammad. Four hundred twenty-four (424) resin tins were found loaded in the truck. The police also reached the spot. Since no permit regarding the transportation of the resin could be produced, FIR No.112/19 was registered against Sad Mohammad for the commission of an offence punishable under Sec. 379 of IPC and Ss. 41 and 42 of the Indian Forest Act.

(3.) Sad Mohammad subsequently applied to release the truck. This application was dismissed by the Authorized Officer vide order dtd. 10/1/2020.