LAWS(HPH)-2019-5-103

MEHAR SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On May 08, 2019
MEHAR SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Aggrieved by the order passed by the learned Judicial Magistrate, 1st Class, Court No.III, Una, H.P. on 2/2/2018, whereby the grit (bajri) has been ordered to be confiscated to the State, the petitioner has filed in the instant revision petition.

(2.) The petitioner is the owner of Truck/Tipper No. HP-72A- 1903 and had employed one Vijay Kumar as its driver, who had loaded grit in the truck quantifying 13 metric ton on 31/1/2018. However, when the truck was stopped by the police at Village Jhalera at about 3.00 P.M., it was found that as against permissible Whether the reporters of the local papers may be allowed to see the Judgment?Yes laden weight of 25 metric ton, the truck was having laden weight of 32.7 metric ton.

(3.) The police impounded the truck and after completing the proceedings under Rule 57(2) of the H.P. Minor Minerals (Concession) Revised Rules, 1971, (in short, the Rules) the police presented the challan before the learned Magistrate, which came up for consideration on 2/2/2018. The petitioner admitted his guilt voluntarily and agreed to pay compounding fee Rs.15,000.00, which was accordingly paid by him on the same day.