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2014 Supreme(HP) 304

RAJIV SHARMA
Diwan Chand – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the petitioner:Mr. Kamlender Bhardwaj, Advocate.
For the respondents:M/s Parmod Thakur and M.A. Khan, Additional Advocates General with Mr. Neeraj K. Sharma and Vivek Singh Attri, Deputy Advocates General for respondents No. 1 to 3. Mr. Adarsh Sharma, Advocate, for respondent No.4.

JUDGMENT

Rajiv Sharma, Judge:

Petitioner purchased two trucks bearing registration Nos. HR68-7594 and HR37B-2594 vide sale and purchase agreements, Annexures P-1 and P-2. Petitioner produced these trucks before the Regional Transport Officer, Shimla on 7.11.2012 for registration. These trucks were not registered due to investigation in FIR No.17/2011, under Sections 379, 34 of the Indian Penal Code and Sections 41 and 42 of the Indian Forest Act.

2. According to the reply filed by the respondent-State, the trucks were found involved in illegal transportation of red sandal wood to Jeori. Chapter IV of the Motor Vehicles Act, 1988 (hereinafter referred to as the “Act” for the sake of convenience) deals with registration of motor vehicles. How registration of the vehicles is to be made is provided under Section 41 of the Act. Section 45 of the act deals with refusal of registration or removal of the certificate of registration. Section 45 reads as under:-

“45. Refusal of registration or renewal of the certificate of registration. – The registering authority may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle (other








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