KHEM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Present petition is filed under Section 482 Cr.PC read with Article 227 of Constitution of India against the order of learned Sessions Judge-cum-District Judge Mandi (H.P.) announced in Cr. Appeal No. 22/2014 title Khem Singh v. State of Himachal Pradesh.

(2.) On dated 23.01.2014 naka was operated on National Highway at Saulikhad and at about 6.30 AM vehicle No. HP-65-2910 and vehicle No. HP-33-B-4952 came from Kullu side and when police officials directed drivers of the vehicles to stop the vehicles then drivers of the vehicles did not stop the vehicles and broken the forest barrier and driven the vehicles and thereafter vehicles were chased and vehicles were taken into possession. After search of the vehicles 16 bags of walnut bark and 3 scants of deodar were found kept in vehicle HP-65-2910 and four bags were loaded in vehicle No. HP-33-B-4952. Drivers of the vehicles could not produce the valid documents regarding source of forest timber kept in the vehicles and forest timber was illegally transported in the vehicles which took into possession. Authorised Officer-cum-Divisional Forest Officer Mandi seized the vehicles. Sh. Khem Singh petitioner filed application for release of vehicle No. HP-65-2910 before learned Authorised Officer-cum-Divisional Forest Officer Mandi (H.P.) under Forest Act which was rejected by the Authorised Officer-cum-Divisional Forest Officer Mandi (H.P.).

(3.) Feeling aggrieved against the order passed by Authorised Officer-cum-Divisional Forest Officer Mandi, Sh. Khem Singh petitioner filed appeal before learned Sessions Judge-cum-District Judge Mandi (H.P.) and learned Sessions Judge-cum-District Judge Mandi (H.P.) dismissed the appeal on dated 22.07.2015 under Indian Forest Act and affirmed the order of Authorised Officer-cum-Divisional Forest Officer Mandi (H.P.).