RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Apprehending arrest in FIR No. 12 of 2018 dated 28.1.2018 under Section 379 IPC and Sections 32 and 33 of the Indian Forest Act registered at Police Station, Chopal, District Shimla, Himachal Pradesh, bail petitioner has approached this Court by way of instant bail petition filed under Section 438 CrPC, praying therein for grant of pre-arrest bail.

(2.) Sequel to order dated 30.1.2018, whereby bail petitioner was ordered to be enlarged on interim bail in the event of his arrest, ASI Virender Bharwal and HC Rohit Bhardwaj, Police Station, Chopal have come present with the status report/record. Mr. Dinesh Thakur, learned Additional Advocate General has also made available status report prepared on the basis of investigation carried out by the investigating agency. Record perused and returned.

(3.) Perusal of record /status report reveals that FIR detailed herein above came to be registered against the bail petitioner on 28.1.2018 at the behest of complainant namely Parshotam, Range Officer, Sarahan, who alleged that on 28.1.2018, he alongwith Divisional Forest Officer Shimla inspected the store of the bail petitioner and found that the bail petitioner without having any valid permit/permission from the Forest Department, had illegally and unauthorisedly stored cedar wood oil. Allegedly, the bail petitioner had stored 13 barrels/drums containing 200 litres of oil each and 15 cans containing 35 litres each of cedar wood oil. During search, approximately 3325 litres of cedar wood oil was found stored in the store of the bail petitioner, without having any licence and permission, as such, a case under Sections 32 and 33 of the Indian Forest Act and Section 379 IPC came to be registered against the bail petitioner.