RACHPAL SINGH Vs. STATE OF J&K AND ANOTHER

JUDGEMENT

(1.) Through the instant writ petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C), the petitioner seeks following relief:-

(2.) The petitioner claims to be the proprietor of Shiva Brick Kiln which is engaged in the manufacture of the bricks at Village Sikanderpur, Tehsil and District Jammu. It is stated that petitioner has been issued licence by the Licensing Authority for running the aforesaid Brick Kiln and the said license has been renewed upto 31.03.2013.

(3.) Learned counsel for the petitioner submits that on 27th March, 2012 about 7.00 a.m., petitioner came to know that the bricks which were being carried away by the purchasers after the purchase from the premises of the Brick Kiln, have been seized by Police at Police Station, Gangyal, Jammu. It is stated that on the same day i.e., 27th March, 2012 an FIR No.30 of 2112 for commission of offence under Section 188 RPC and Section 13/14/16/21 of the J & K Brick Kiln (Regulations), Act 2010, came to be registered by the Incharge Police Station, Gangyal. It is stated that entire facts of the aforesaid FIR were manipulated for ulterior motives, as it is impossible to have communication generated from the office of the Deputy Commissioner, Jammu more particularly, when the office time in the month of March is 10.00 a.m to 4.00 p.m. It is further stated that even before the commencement of the investigation and after the registration of FIR, the vehicle had been seized. It is further stated that inasmuch as the FIR is registered on 27th March, 2012, the bricks are seized on the same day in the morning and in the FIR the communication which forms the basis of the FIR shows that the Deputy Commissioner has alleged that the office has received report from the Legal Metrology Department about the examination of the Bricks.