BHIKERAM MEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the judgment dated 6.12.2008 passed by the learned Additional Sessions Judge, Titilagarh in Criminal Appeal No. 41/22 of 2001 confirming the judgment dated 19.9.2001 passed by the learned J.M.F.C., Kantabanji in 2(b)C.C. No. 22 of 1993 by which the petitioner was convicted under Section 83 of the Orissa Forest Act (hereinafter referred to as 'the Act'), and sentenced to undergo S.I. for one month and pay fine of Rs. 500/-, in default, to undergo S.I. for a further period of one month.

(2.) Prosecution case is that on 23.3.1992, on the strength of search warrant issued by the Executive Magistrate, officials of the Forest Department conducted raid on the house and premises of the petitioner in presence of the Executive Magistrate. They recovered and seized 112 pieces of hand dressed and hand sawn Teak, Bija and Shishu sizes, one Shishu log, two hand saws and other equipments for making furniture. Subsequently enquiry revealed that seized forest produces were removed from Chatradandi and Munda reserved forests. It was alleged that the petitioner was habitual smuggler of forest produces and was running an illegal furniture making unit. On conclusion of enquiry, prosecution report was submitted against the petitioner for commission of offence under Sections 27(2)(b) and 83 read with Section 73 of the Act. Defence plea was one of complete denial. In order to substantiate the allegations prosecution examined six witnesses and relied upon documents marked Exts. 1 and 2. No defence evidence was adduced.

(3.) On appraisal of evidence on record, it was held by the learned J.M.F.C. that the prosecution has failed to establish the allegation of commission of offence under Section 27 of the Act by the petitioner. However, taking the aid of provisions under Sections 73 and 73-A of the Act, learned J.M.F.C. held that the petitioner was liable to be punished under Section 83 of the Act for having found guilty of removing and transporting forest produce i.e. timbers from the reserved forests without any authority and to be in illegal possession of the same, for which he failed to produce any document or authority.