N SHABIR HUSSAIN Vs. FOREST RANGE OFFICER DORKA

JUDGEMENT

(1.) Petitioners have been convicted by the Judicial Second Glass Magistrate, Markapur in C.C. No. 735 of 1965, under sections 35 and 36 of the Andhra Pradesh Forest Act read with rule 10 of the Timber Transit Rules and sentenced to pay a fine of Rs. 200-00, Rs. 100-00 and Rs. 100-00 respectively, in default to suffer simple imprisonment for seven days. The trial Court also ordered confiscation of the forest produce which was seized from the accused by the forest authorities. On appeal, the Additional Sessions Judge, Kurnool confirmed the conviction and sentence. Hence, this revision.

(2.) The case for the prosecution is as follows :-That on 24th August, 1965 at about 1 A.M., at Dornal at the junction of Kurnool Guntur and Srisailam road, the accused were found illicitly transporting green teak, roughly dressed M.Os. No. 1 to 394 by a lorry A. P.Q,. No. 2245, without a valid permit, that A-1, who claimed to be the owner of the forest goods, showed a permit Exhibit P-1 to P.W. 1, the Forest Range Officer, Dornal and P.Ws. 2 and 3 the Tahsildar and Forest Guard, Pedda Manthala, when questioned about the illicit transport; that Exhibit P-l was not a valid permit; that P.Ws. 1 to 3 seized the forest produce described as felloes and spokes after obtaining Exhibits P-3 and P-4, the statements of the accused admitting their guilt, in the presence of P.W. 4, a landholder of Dornal and P.W. 5 the karnam of Dornal; that P.W. 6, the Assistant Commercial Tax Officer, Markapur stepped the lorry, verified the load and collected the sales-tax of Rs. 54-00 and a penalty of Rs. 270-00 from A-l undtr Exhibit P-11; that M.Os. 1 to 394 were not sawn and not fashioned, that they are illicit forest produce and that the accused have committed the offences charged against them.

(3.) The accused pleaded not guilty. It is further stated by A-1 in his statement under section 342, Criminal Procedure Code., that he had purchased M.Os. 1 to 394 from D.W.2 and was bringing them from the saw mill of D.W. 1, and hence he is not liable to be punished. A-2 is the driver of the lorry and A-3 is the cleaner. Both A-2 and A-3 also pleaded not guilty.