MAHENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rakesh Kumar Singh, learned counsel for the petitioner and Mr. Ravi Verma, A.C. to G.P. 4.

(2.) This writ petition has been filed for issuance of writ in the nature of mandamus commanding respondent No. 2 to release the Truck of the petitioner bearing registration No. MP09KD-1995.

(3.) Counsel for the petitioner submits that allegation against petitioner regarding loading of stone chips from prohibited area is baseless and without any material. Counsel for the petitioner further submits that driver of the vehicle was holding valid challan. The instant case has been registered on the basis of statement of Forest Guard recorded on 6.6.2015 stating that information was received from respondent No. 3 of three trucks loaded with stone chips and the said chips were found to be similar to the stone chips available within the range of Sasaram. The trucks were searched and no documents were found.