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2006 Supreme(HP) 147

V.K.GUPTA
PUSHAP RAJ – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
I. D. Bali, Sr. Adv. with Digvijay Singh, for Petitioner; M.S. Chandel, Advocate General with Ashutosh Burathoki, Addl. A. G., for Respondents.

ORDER

1. Truck No. HP-32-0341 belonging to the petitioner (the petitioner is its registered owner) and also being driven by the petitioner at the relevant time was seized on 5th June, 2000 purportedly in terms of S. 52 of the Indian Forest Act, 1927. As a sequel to the seizure of this truck and as a prelude to its confiscation u/S. 52-A of the Indian Forest Act, 1927 (Himachal Pradesh State Amendment), as required under S. 52-B of the said Act (Himachal Pradesh State Amendment), a notice was issued to the petitioner by the Authorised Officer, text whereof is reproduced herein-below for our ready reference :— "Shri Pushap Raj S/o. Shri Naginder Singh, Village Chachiot, P. O. Shalla Tehsil Chachiot, District Mandi, (HP) (Through S. H. O., Gohar). Whereas, it has been reported that truck No. HP-32-0341 owned by you has been apprehended indulging in transportation of different sizes of Deodar 20 sleepers and four frames on 5-6-2000. You are, therefore, directed through this notice to show cause as to why the said truck No. HP-32-0341 along with Deodar 20 sleepers and 4 frames are not confiscated to the State of H. P. Your reply must reach in the Court of the undersigned on 19-6-2000 at











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