PARAMDEEP SINGH Vs. STATE

JUDGEMENT

(1.) Order No. DMS/Jud/Misc/318/2011 dated 24.5.2011, issued by respondent No. 3 is sought to be quashed.

(2.) The Collector (Additional Deputy Commissioner) on the basis of application filed by SHO P/S Sadder has invoked power under Section 6-A of Essential Commodities Act so has ordered confiscation of two trucks bearing registration Nos. JK02AE-2499, JK02L-5229 and same were directed to be handed over to General Manager (Opr) SRTC for using the same for public purpose.

(3.) Police Station, Sadder during Naka checking on 18.2.2011 intercepted two trucks bearing No. JK02L-5229 and JK02AE-2499 loaded with sugar 92.05 quintals and 93.46 quintals respectively when they were on way to Jahangir Chowk from Hyderpora. The sugar was loaded from FCI Railway, Jammu for FCI Baramulla. In a hatched conspiracy with FCI employees of Jammu/Baramulla and CAPD, the said sugar was being sold (misappropriated) through truck drivers. On this basis, case FIR No. 31/2011 under Sections 420, 406, 409, 418, 471 RPC and 3/7 EC Act was registered. Number plates of two trucks allegedly after crossing Lower Munda check post were replaced by numbers plates i.e. 5299-JK02L and 2499-JK02AE. During investigation fabricated challans and number plates were allegedly recovered.