RAMESH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition arises out of the judgment of Sub-Divisional Judicial Magistrate, Dehra, in Criminal Case No. 122 111/81 passed on 4-8.1983 and subsequently appeal dismissed there from by Additional Sessions Judge (I). Kangra Division, in Criminal Appeal No. 42 of 1983 on 30-3-1985. The grievance by this petition under Article 227 of the Constitution of India concerns the order of confiscation. in these proceedings. of truck No. HPH-545 owned by the petitioner.

(2.) The facts, in brief, are that a police party comprising of Onkar Singh Constable No. 293, Kanshi Ram Constable No. 132, Kashmir Singh Constable No. 176 alongwith Pancham Singh, Lambardar. Illaqua Bhadoli, and Grudialu Ram, headed by Assistant Sub-inspector of Police Shri Babu Ram of Police Station, Jawalamukhi, while at Bhadoli Toll Tax Barrier on Nadaun-Jawalamukhi Road, stopped truck No. HPH-545 driven by accused Puran Chand. On checking it was found that the accused was transporting 400 bamboos worth Rs. 2000/- in the truck without any valid licence and due to the transport of the same during night, the offence became of more serious nature under the Indian Forest Act and the Rules made there under.

(3.) Consequently, a challan was filed, trial ended in the conviction of the driver of the truck under Sections 41 and 42 of the Indian Forest Act, so punished by the trial Judge to undergo simple imprisonment for a period of two months and to pay a fine of Rs. 500/- for illicit export of bamboos, Besides, the accused was also ordered to pay a fine of Rs. 500/- for transporting the same during night hours without lawful permit and in default of the payment of fine to further undergo simple imprisonment for a period of 15 days.