MD BILLAL MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS revisional application under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment and order of conviction and sentence, dated 14.03.2012, passed by learned Sessions Judge, South Tripura, Udaipur (now Gomati) in Criminal Appeal No.34(4) of 2011, where -under the judgment and order of conviction and sentence, dated 30.09.2011, passed by learned Chief Judicial Magistrate, South Tripura, Udaipur in Case No.CR 572 of 2007 (F) under Section 41 of the Indian Forest Act read with Rule 13 of the Tripura Forest Transit Rules convicting the accused -petitioners Billal Miah and Rabindra Tripura alias Sunil Tripura and another Litan Miah and sentencing them to suffer simple imprisonment for 3(three) months and to pay a fine of Rs.500/ - in default of payment to suffer further simple imprisonment for 15 days, has been upheld.

(2.) HEARD learned counsel Mr. M.K.Roy for the petitioners and learned Addl. P.P., Mr. R.C. Debnath for the State -respondent.

(3.) THE brief fact of the case is that one Sujit Chakma, Forester (O.C.) of G.R.F.P.P., Banduwar on 27.07.2007 filed a written complaint before the learned Chief Judicial Magistrate, South Tripura, Udaipur against the accused -petitioners Billal Miah and Rabindra Tripura and another Litan Miah alleging that on the intervening night of 26.07.2007 and 27.07.2007 based on secret information they detained a vehicle bearing No. TR01 -D -1937 which was carrying illegally collected timber and the vehicle with timber along with the accused petitioners and another Litan Miah were detained. Some other miscreants fled away. The vehicle and timber were seized and complaint was filed for commission of offence punishable under Section 41 of the Indian Forest Act read with Section 13 of the Tripura Forest Transit Rules.