STATE OF H.P. Vs. HUKAM CHAND

JUDGEMENT

(1.) THE State is in appeal against the acquittal of respondents by learned Addl. Chief Judicial Magistrate, Court No.1, Una on 14.9.1999 in case No.92-1-92. The facts in brief are that constable Surinder Singh and constable Manoj Kumar were on duty on 22.1.1992 at about 1.30. P.M. at Tahliwal barrier, a truck bearing No.HIB-740 loaded with bamboos came from Santokhgarh side and was stopped at the barrier. The permit was asked from the accused persons who could not produce any permit for carrying the bamboos. Kishan Chand was driving the truck, during the pendency of the case, he died. Hukam Chand and Duni Chand respondents were the occupants of the said truck. On the basis of statement under Section 154 Cr.P.C. of constable Surinder Singh an FIR No.33/92 was registered. After completion of the investigation challan was put up in the Court. Learned Addl. Chief Judicial Magistrate acquitted the respondents on 14.9.1999. The State is thus in appeal.

(2.) I have heard the learned counsel for the parties and gone through the record. Learned Addl. Advocate General has submitted that the permit Ex.PW-3/A for transportation of the bamboos in question had expired on 20.1.1992 but the truck No.HIB-740 on checking was found carrying bamboos on 22.1.1992. The learned Addl. Chief Judicial Magistrate has misconstrued the material on record and has erred in acquitting the respondents. The learned counsel for the respondents has supported the impugned judgment and has submitted that the truck loaded with bamboos was struck up in Swan river on 20.1.1992 and it was checked on 22.1.1992 at that place and was found loaded with Bamboos at that place. The truck was not apprehended at Tahliwal Barrier. On 22.1.1992 bamboos were not in transit nor those were being transported.

(3.) PW -2 Manoj Kumar constable has stated that on 22.1.1992 he was on duty at Tahliwal Barrier. Surinder Kumar constable was also on duty at that time. The truck No.HIU-740 was checked at the barrier. The truck was loaded with bamboos. At the time of checking Surinder Kumar Pardhan and Paul Singh were present. Kishan Chand was the driver of the truck and the other persons in the truck were Hukam Chand and Duni Chand. In cross examination he has admitted that during those days the main road was under repair and the vehicles used to cross Swan river. He has denied that the truck was struck up in Swan river due to break down and DSP apprehended the truck in the river.