KAMIL KHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 18.6.2019, whereby the bail petitioner was ordered to be enlarged on bail, in the event of his arrest in FIR No. 80 of 2019, dated 13.6.2019, under Ss. 379 and 34 Penal Code and Ss. 41 and 42 of the Indian Forest Act, registered at Police Station, Majra, Tehsil Paonta Sahib, District Sirmaur, Himachal Pradesh, ASI Hardev Singh has come present with the record. Mr. Sanjeev Sood, learned Additional Advocate General has also placed on record status report prepared by the investigating agency on the basis of investigation carried out by it. Record perused and returned.

(2.) Perusal of the record reveals that on 12.6.2019, Police after having received a secret information, apprehended truck bearing registration No. HP 71-1431 carrying Khair wood from Dhaula Kuan to Paonta. Driver of the truck though made an attempt to flee from the spot, but he was apprehended by the Police officials and subsequently, he disclosed his name as Ram Pal. Since driver and other occupants of the truck in question failed to produce a valid permit for carrying the Khair wood, Police took into possession the truck as well as Khair wood loaded in the same. After informing Forest Department, Police registered a case under Ss. 379 and 34 Penal Code and Ss. 41 and 42 of the Indian Forest Act at Police Station Majra, District Sirmaur, Himachal Pradesh. Since driver and other occupants of truck during investigation disclosed that the Khair wood being transported in the vehicle was purchased from the bail petitioner, who is a government contractor, his name was included in the FIR.

(3.) Mr. Sanjeev Sood, learned Additional Advocate General, while fairly admitting that the petitioner has joined the investigation in terms of order dated 18..6.2019, contended that though the investigation in the case is complete and nothing is required to be recovered from the bail petitioner but taking note of the previous record of the bail petitioner, there is every likelihood of the bail petitioner fleeing from justice or tampering with the evidence in the event of his being enlarged on bail, as such, prayer for grant of bail may be rejected. Mr. Sood, learned Additional Advocate General further contended that though no recovery is to be effected from the bail petitioner, but till date, demarcation of the land from where wood has been extracted, is yet to be carried out.