SALIM KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER by filing this criminal writ petition has prayed for issuance of an appropriate writ/order/direction for quashing the FIR along with the seizure -list dated 21.3.2003 (Annexure -2) by which the vehicle of this petitioner was sized by the ASI (respondent No. 3) without any basis, although a case had been lodged against this petitioner and others.

(2.) LEARNED counsel for the petitioner has submitted that at the time of the alleged occurrence when the truck was seized, this petitioner was not present at the spot. The date of occurrence is 21.3.2003. Prior to that date, petitioner had entered into an agreement (Annexure -2) with one Lotto Munda (respondent No. 2), driver of his 407 truck No. BR -14/9651, on the condition that the O.P. Lotto Munda will pay to him Rs. 7000/ - per month towards hire of the truck. He will also take care of the truck and will not carry any illegal articles, namely illegal irons, coals, woods, etc. and if the truck is found carrying such articles, the O.P. will be responsible for legal proceedings.

(3.) COUNTER affidavit has been filed on behalf of the respondents taking the plea that 63 logs of Gamhar like woods were seized which were being carried on the truck belonging to this petitioner. Offence is under Sections 414/34. IPC and 33, 41 and 42 of the Forest Act. It was mentioned in the counter affidavit that the truck was found loaded with forest woods, which cannot be released, and this petitioner being the owner, cannot be discharged in prosecuting him under the said sections.