STATE OF ORISSA Vs. RAJIB PRADHAN

JUDGEMENT

(1.) Perused the affidavit filed by the Assistant Conservator of Forests, Kalahandi North Forest Division, Bhawanipatna.

(2.) HEARD further argument and the Government appeal is disposed of in the following manner. - -

(3.) EVEN if it is accepted on record for the sake of discussion that the officer was facing a criminal prosecution on the complaint of the brother of the accused, that does not authorize the accused to fell trees by making a breach of Section 27 and 45 of the Act. Since the accused has not disputed to the evidence on record that he felled the trees, therefore, when he has not produced any document in support of the proof that he had requisite permission to cut and remove the trees, therefore the evidence available on record was sufficient to find the accused guilty of the offence under Section 27 of the Act and breach of the provision under Section 45 punishable under Section 46 of the Act.