AJAY KUMAR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision under Sections 397, 401 of Cr.P.C. has been filed against the judgment and sentence dated 11-10-1999 passed by Second A.S.J., Betul in Criminal Appeal No.49/1998 arising out of judgment and sentence dated 6-8-1998 passed by J.M.F.C., Betul in Criminal Case No.373/1996, by which the co-accused persons were convicted for offence under Section 5 read with Section 16-A of M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969.

(2.) According to the prosecution case, on 24-11-1984, two accused persons Shivdeen @ Dulli and Bali were found in illegal possession of 50 quintals and 94 Kgs of Kullu Gum. It was the prosecution story that the co-accused Shivdeen had let out his house to the co-accused Bali. Apprehending the commission of a forest offence, a search was carried out in the house of Shivdeen and 50 quintals and 94 Kgs of Kullu Gum was found stored illegally. The said material was seized. After completing the investigation, the forest officials filed a criminal complaint before the Court of competent jurisdiction. The Trial Court after recording evidence and hearing both the parties, convicted Shivdeen and Bali, and also directed for confiscation of Kullu Gum.

(3.) Being aggrieved by the Judgment and sentence dated 6-8- 1998, passed by the Trial Court, the accused persons filed a Criminal Appeal against their conviction, whereas the applicant, also filed a criminal appeal against the confiscation of Kullu Gum.