MATIA PALEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the judgment dated 25-6-1998 passed by the learned Additional Sessions Judge, Khurda, in Criminal Appeal No. 108 of 1997. By the said order the learned Additional Sessions Judge confirmed the order of conviction of the present petitioners under Rule 21 of the Orissa Timber and Other Forest Produce Transit Rules, 1980 (for short, "the Rules"), but reduced the sentence. Originally, each of the petitioners was sentencedto undergo R. I. for six months and to pay fine of Rs. 800.00, in default to undergo S. 1, for two months. By the impugned appellate order, they have been directed to undergo R. I. for three months and to pay fine of Rs. 500.00, in default to undergo R. I. for one month.

(2.) Prosecution case is that on 23-1-1994, when the mobile staff of Forest Department of Khurda were performing patrol duty near Khurda by-pass, they detected a truck coming from Balugaon side. On suspicion, they searched the same and found 158 pieces of teak sizes and planks inside the truck, which were being carried without any authority to transport the same. The driver of the vehicle then pointed out to the two accused persons (present petitioners), who were escorting the truck on a motor cycle without any registration number, as the owners of the said forest materials. The forest produce in question and the vehicle were seized and the statements of the driver as well as the present petitioners were recorded by the Forest officials and offence report was submitted to the Range Officer, who in turn, enquired into the matter and after completion of enquiry submitted prosecution report.

(3.) The plea of the accused-petitioners was a complete denial one.