KELA PARDI Vs. STATE OF M P

JUDGEMENT

(1.) WITH the consent of learned counsel for the parties, the case is finally heard. This revision is directed against the judgment dated 21.9.2001 passed in Criminal Appeal No. 27/2001, by the First Additional Sessions Judge, Raisen, whereby sentence of fine awarded to the applicant by the Trial Court has been set aside and the case has been remanded for a decision afresh seemingly on sentence.

(2.) ON 5 10.1994, the house of the applicant was allegedly searched by the Forest officers during which 10 hides of rabbit and one hide of black -deer were found and seized. Consequently, the applicant was charged and prosecuted for offences under sections 9, 40, 43 and 51 of the Wild Life Protection Act (in short 'the Act').

(3.) THE learned counsel for the applicant has urged that the appellate Court committed an illegality in remanding the case without first deciding the appeal on merit.