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2004 Supreme(HP) 6

K.C.SOOD
HIMGIRI HIRE PURCHASE PVT. LTD. – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
For the Petitioner: :Mr. Kulbhushan Khajuria, Advocate. For the Respondent: :Mr. Ashok Chaudhary, Addl. A.G. for No. 1, Mr. J.L. Bhardwaj, Advocate for No. 2 to 4.

JUDGMENT Kuldip Chand Sood, J. (Oral) - This petition is directed against the orders of learned Sessions Judge, Bilaspur, dated 7.5.2003,dismissing the appeal of the petitioner under Section 59 of the Indian Forest Act, against the order of Authorised Officer (DFO), Bilaspur, dated 14.10.1999.

2. In order to appreciate the controversy, few facts may be noticed:

3. On 27.8.1998, a Truck bearing registration No.HID 5079 was intercepted by the SHO Police Station, Sadar, in Nihal Sector at Bilaspur. The truck at the relevant time was driven by Karam Chand and was loaded with the timber without any transit pass or export permit. Respondents Kunj Lal and Rajesh Kumar also sitting in the truck. On search, 54 scants of timber (Deodar of different sizes) were recovered. A case in terms of FIR No. 148/98, for offences punishable under Sections 379,420 and 120-B of the Indian Penal Code and 41, 42 of Indian Forest Act was registered?

4. It appears that this truck was financed by the petitioner "Himgiri Hire Purchase Pvt. Ltd." And financial assistance was provided to the extent of Rs.72,000/-. The matter went to the Authorized Officer (DFO), Bilaspur, for confiscation of the truck, under Section










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