GAYADHAR OJHA ALIAS OJHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner having been convicted and sentenced to undergo rigorous imprisonment for three months u/S. 46 of the Orissa Forest Act, 1972 by the Sub-Divisional Judicial Magistrate, Anandapur and the same having been confirmed by the Sessions Judge, Keonjhar in appeal is in revision before this Court.

(2.) Prosecution case is, on 15-9-1984 at about 9 a.m. on the basis of a search warrant, the Forest Range Officer, Anandapur, along with the vigilance squad of the Forest Department carried on a raid in the premises of the petitioner and recovered and seized forest timbers (including logs and seized logs) numbering 666 pieces of different varieties such as Sal, Pia-sal etc. The petitioner failed to produce any authority for such possession. So prosecution report was submitted against him for violation of Ss. 27, 37 read with S. 46 of the Orissa Forest Act, 1972 (hereinafter referred to as the 'Act') and for violation of rules 4 and 16 of the Orissa Timber and other Forest Produce Transit Rules, 1980 and rule 3 of the Orissa Forest Saw Pits and Saw Mills (Control) Rules, 1980 (for short, 'the Timber Transit Rules' and 'the Saw Pits Rules' ). The total timbers were found to be 283.32 cubic feet valued at us. 78,1895/- which, according to the prosecution report, included the value of the timbers as Rs.15,000/- and rest as compounding fees.

(3.) The petitioner in his 313 statement admitted possession and seizure but, claimed possession under valid document.