JAGAT RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition is directed, against, the disaffirmative order pronounced, on, an application, cast under, the, provisions of Section 457 of Cr.P.C, wherethrough the applicant/petitioner herein strived, for, an, order, of making release, on supurdari, of, the impounded vehicle, vis-a-vis, him.

(2.) Uncontrovertedly the petitioner, is, the registered owner, of, the vehicle bearing registration No. HP-64A-4234. The afore vehicle was impounded, by, the authorities concerned, under, the apt empowering provisions encapsulated, in, Section 52 of the Indian Forest Act, provisions whereof stand extracted hereinafter:-

(3.) The impounding, of, the afore vehicle, was a sequel, of, one Gurdev though holding a valid permit, to, transport 227 resin tins, within the routes mentioned therein, his yet, in collusion with the forest officials concerned, rather, beyond the permissible limits, of, the forest produce, as, mentioned in Annexure P-5, and, in connivance with the forest officials, fabricating, the, apposite transit documents, and, his hence ensuring impermissible transportation, on two(s) occasion, of forest produce, though, his engaging, the impounded truck.