KAWAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been preferred under Section 482 of the Code of Criminal Procedure, in short the 'Code', challenging the orders dated 2-9-2008, passed by the learned Chief Judicial Magistrate, declining the release of the truck No. HR-38-A-3697, under Section 457 of the Code, which was taken into possession by the police in case FIR No. 29 dated 8-2-2007, registered in police station Nahan. registered under Sections 406, 407, 420, 467, 468, 471, 482 and 120-B of the Indian Penal Code.

(2.) The synoptical resume of the facts giving rise to the present petition may be stated thus. M/s. Sood Goods Transport Company was having a contract to transport the factory goods. On 25-1-2007, the said truck was engaged to transport 110 Air-conditioners from the premises of M/s. Blue Star Limited, Kala Amb, to be taken to Secunderabad (AP). After loading, it went missing.

(3.) When the whereabouts of the truck were not known one Shri Rajiv Sood, an employee of the Goods Transport Company lodged the complaint in Police Station Sadar, on the basis of which FIR aforesaid was registered and a hunt for the said truck was made by the police.