(1.) THE accused/applicant has assailed the order passed by the learned Sessions Judge, Panna in Criminal Appeal No. 85/1994 confirming the judgment passed by the Chief Judicial Magistrate, Panna in Criminal Case No. 1098/92 whereby the applicant has been convicted for the offence punishable under Section 33 (1) (b) of the Indian Forest Act, 1927 (in short 'the Act') and under Section 16 of the M. P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 (in short 'the Adhiniyam') sentencing him to suffer two months' R. I. and fine of Rs. 500/- under Section 33 (1) (b) of the Act and six months' R. I. and fine of Rs. 1000/- under Section 16 of the Adhiniyam.
(2.) THE facts shorn of unnecessary detail lie in a narrow compass. The case of the prosecution is that on 20-11-1992, Range Officer, Panna along with his staff went to Itwakala, he was having a search warrant on the basis of which he made search of the house of the applicant. During the search he found 117 wooden logs of teak wood which were seized along with other tools and they are referred in the seizure memo (Ex. P-4 ). These articles were seized by Forest Guard Suresh Mani Shukla (P. W. 5 ). The case of the prosecution is that, as the applicant did not possess the licence for purchasing the wood, he has committed the offence punishable under Section 33 (1) (b) of the Act and violated the provisions of Section 16 of the Adhiniyam. The Trial Court took the cognizance of the offence on a report lodged by Assistant Ranger Chinta Mani Sharma (P. W. 4 ).
(3.) THE applicant was charged under Section 33 (1) (a) of the Act and under Section 5/16 of the Adhiniyam. Needless to say the applicant abjured his guilt.