STATE OF MADHYA PRADESH Vs. SURESHCHANDRA BALCHAND JAIN

JUDGEMENT

(1.) Appellant State of M.P. through this appeal challenges the acquittal of the respondent accused (hereinafter called 'Accused') of charges under Rule 29 of M.P. Transit (Forest Produce) Rules, 1961 (hereinafter called the 'Rules') and Section 16 M.P. Van Upaj Vyapar Viniyan Adhiniyam, 1969 (hereinafter called the 'Adhiniyam') passed by Judicial Magistrate First Class, Khategaon, by his judgement dated 31-10-1985.

(2.) The prosecution case is that accused was running a saw mill without a licence, necessary under Rule 27 of the Rules punishable under Rule 29 ibid. On 5-12-1981 Lokpal Singh Bundela (P.W. 1), Range Forest Officer, Indore raided the saw mill of the accused. He found teak timber being sawn. The timber did not have marking of the Forest Department nor were they covered by any transit pass. He seized as per seizure memo (Ex. P/1 and p/2) 7 teaklogs and 24 sawn pieces as per description in the memos. After usual investigation, complaint was put up in the Court and the Judicial Magistrate First Class, Khategaon, against the accused for the offences aforesaid.

(3.) The accused pleaded not guilty to particulars of charges of offences described in para 1 above. In his examination the accused admitted the seizure of timber but maintained that the timber belonged to cultivators and no licence for the same was necessary. He examined one Gulabchandra (D.W. 1) to prove that seized timber belonged to him and had come from his Bhumiswami lands. The Judicial Magistrate found that the saw mill of the accused was installed before 1-11-1961 and, therefore, no licence in terms of Rule 27 of the rules was necessary. He also found that the prosecution had not satisfactorily proved that the timber was felled from the Forest of the Forest Department. With these findings he acquitted the accused.