IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA ON THE 18^th DAY OF NOVEMBER, 2021 BEFORE HON’BLE MR. JUSTICE AJAY MOHAN GOEL CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No.486 of 2021 Between:

SODHI RAM SON OF SHRI BACHAN DASS, RESIDENT OF VILLAGE LAKERH, P.O. SMALAH, TEHSIL ANANDPUR SAHIB, DISTT. ROPAR PUNJAB.

….PETITIONER.

(BY MR AMRINDER SINGH RANA, ADVOCATE)

AND STATE OF HIMACHAL PRADESH.

…. RESPONDENT.

(BY MR. ADARSH SHARMA, MR. SUMESH RAJ, MR. SANJEEV SOOD, ADDITIONAL ADVOCATES GENERAL, WITH MR. KAMAL KANT CHANDEL, DEPUTY ADVOCATE GENERAL.

Whether approved for reporting?¹ Yes This petition coming on for admission this day, the Court passed the following:

J U D G M E N T

By way of this petition, filed under Section 482 of the Criminal Procedure Code, the petitioner has assailed order dated 17.03.2021, passed by Deputy Conserovator of Forests, Nalagarh Forest Division, Nalagarh, District Solan, H.P., vide which an application filed by the present petitioner for release of vehicle (Pick- up) bearing registration Nuo.PB-65AU-9203 along with its documents, in case FIR No.365/20, dated 25.11.2020, under Sections 379, 427 read with Section 34 of the Indian Penal Code and Sections 41, 42 of the Indian Forest Act, registered at Police Station Nalagarh, District Solan,h H.P., has been dismissed and also against order dated 09.08.2021, passed by the Court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P., in Criminal Revision No.1- NL/10 of 2021, titled as Sodhi Ram Versus State of Himachal Pradesh, vide which the appeal preferred by present petitioner against the order passed by Deputy Conservator of Forests, Nalagarh Forest Division, Nalagarh, District Solan, H.P. has been rejected by the learned Appellate Court.

2. Brief facts necessary for the adjudication of the present petition are that FIR No.365 of 2020 has been registered on 25.11.2020, under Sections 379, 427 read with Section 34 of the Indian Penal Code and Sections 41, 42 of the Indian Forest Act, at Police Station Nalagarh, District Solan, H.P. This FIR is with regard to illicit felling of Khair trees & illegal transportation of Khair logs through Pick-up bearing registration No.PB6 5AU-9203. The vehicle in issue belongs to the present petitioner. In other words, the petitioner is registered owner of the vehicle in issue. He filed an application under Section 53 of the Indian Forest (HP 2^nd Amendment) Act, 1991, for release of said vehicle before the Deputy Conservator of Forests, Nalagarh Forest Division, Nalagarh, District Solan, H.P., which was dismissed by the said authority vide order dated 17.03.2021, by holding that as the proceedings under Section 52-A of the Indian Forest (HP 2^nd Amendment) Act, 1991 were still pending and the case was pending before the Authorized Officer- cum-Deputy Conservator of Forests, Nalagarh, District Solan, H.P., H therefore, the application deserved rejection.

3. Feeling aggrieved, the petitioner preferred an appeal which was dismissed by the learned Appellate Court, i.e. the Court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P., by relying upon the judgment passed by this Court, in Criminal Revision No.380 of 2015, titled as State of H.P. Versus Parkash Chand, decided on 20.04.2017, by holding that the Court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P. was not having the jurisdiction to entertain the application for interim release of vehicle and there was also an observation by Deputy Conservator of Forests, Nalagarh Forest Division, Nalagarh, District Solan, H.P. that the vehicle was involved in sm uggling of Khair trees. 4. I have heard learned counsel for the parties and have gone through the impugned order.

5. This Court is of the considered view that order dated 09.08.2021, passed by the Court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P., vide which the appeal filed by the present petitioner against the order passed by Deputy Conservator of Forests, N