STATE OF ORISSA Vs. RASANANDA PRADHAN

JUDGEMENT

(1.) This Government appeal is against the order of acquittal dated 10.07.1995 passed by the learned Civil Judge (Senior Division)-cum-J.M.F.C. Bonai in 2(b) C.C. Case No. 46 of 1994 (Trial No. 107 of 1995).

(2.) The respondent was prosecuted for violation of Rule-4 which is punishable under Rule 21 of the O.T.T. Rules for having allegedly transported and kept timbers of different varieties, such as Sal planks, Sal scantlings, bija planks, kuruma round etc. in his house premises, which were searched and the timbers were seized on 04.11.1993 by the forest officials. The probationary Forest Range Officer, who detected and effected search and seizure along with other staff submitted Prosecution Report after completion of investigation.

(3.) The appellant denied the indictment and further took a plea that there was a departmental permission in support of possession of the timers and that some old used wood were also seized by the forest officials.