Revenue Code, 1966 has been taken in to consideration. On the complaint given by one Mayur Chaudhari, Nayab Tahsildar of Pauni, the crime is registered on receiving information about the unlawful excavation of sand, the complainant went along with his team and he found that one tractor without number was there, which was loaded with sand. Though it is mentioned in the grounds of the detention that accused had put the tractor on the person of Talathi and injured his leg, on perusal of the FIR, it appears that the driver of the tractor was Aashish Katekhaye. The driver told him that the tractor is of Pankaj Katekhaye i.e. the petitioner. During that period Talathi took the key and mobile of the driver of the tractor. The driver told him that the owner of the tractor is coming. At that time, one two wheeler came there and the petitioner along with one Krishna Katekhaye came there. At that time, the petitioner asked him why they are seizing his tractor frequently and he asked the driver of the tractor to start the vehicle. At that time, the driver of the tractor asked Kiran More-Talathi to give the key and mobile and after taking key from Talathi, he put the tractor on the person of the Talathi. At that time, the injury caused to the Talathi is to his thigh. On going through the FIR, the statement made by the learned APP that on his say, the driver has put the tractor on his person is not correct. The driver on his own has put the vehicle on his person.
