STATE OF M.P. Vs. GAURISHANKAR

JUDGEMENT

(1.) FEELING aggrieved by the judgment of acquittal dated 8.4.98 passed by the learned Judicial Magistrate, First Class Rajnandgaon in Criminal Case No. 168/83 acquitting the accused -respondent of the charges under Section 420 of the Indian Penal Code (in short the 'IPC') read with Section 41 of the Indian Forest Act, the State has preferred this appeal.

(2.) THE prosecution case, in brief, is that on 2.1.1982 near Raipur Check Gate Truck bearing registration No. CPT 2959 was sought to be detained. It did not obey the direction for which it was chased and eventually detained. On a search being conducted 200 bags of 'Lakh' were seized from the truck. The driver was in possession of transit permit pass which was valid upto 31.12.1981. The said pass was also seized. According to the prosecution the said 'Lakh' was not being carried in the prescribed route via Bandha Bazar but was carried through Rajnandgaon to West Bengal. On the aforesaid backdrop the prosecution was launched.

(3.) ASSAILING the aforesaid judgment of acquittal and order of release in favour of the accused. Mr. R.K. Verma, learned Panel Lawyer for the State has contended that the learned Magistrate should have allowed more time to produce the witnesses. It is also his submission that the photocopy of the transit permit pass which was relied on by the learned Magistrate is not on record and in any case it was notworthy of reliance and, therefore, the release of the seized goods in favour of the accused is unsustainable.