STATE OF ORISSA Vs. ILLAMAT MIAN

JUDGEMENT

(1.) The respondent having been acquitted in the case where the prosecution was launched against him for commision of offence under Rule 21 of the Odisha Timber Transit and Other Forest Produces Rules, 1980 in 2(b)C.C. Case No. 51 of 1994, the State has challenged the same. The respondent was convicted by the learned S.D.J.M., Bonai in 2(b)CC No. 51 of 1994 for offence under Rule 21 of the Rules and was sentenced to undergo imprisonment for a period of three months.

(2.) The case of the prosecution is that on 14-10-1994 the house of the respondent was searched by the Forest Officials with the required search warrant. In course of search it is said that one hand sawn bija planks, bala bettons, sal paties etc. were recovered and seized and required seizure list was prepared at the place. Finally, the prosecution report being submitted, the respondent faced the trial.

(3.) In the trial, prosecution examined one witness, i.e., the Forester of Bonai Section and proved the seizure list, search warrant and the statement of the respondent as Exts. 1 to 3 respectively. The defence examined one witness.