STATE OF ORISSA Vs. GADADHAR MAHANTA AND ORS.

JUDGEMENT

(1.) THIS Government Appeal is directed against the judgment and order dated 14.9.1987 passed by the Judicial Magistrate First Class, Baripada in 2(B) C.C. Case No. 29 of 1987 (T.C. No. 212 of 1987) acquitting the Respondents of the charges under Section 37, 46, 55 -A of the Orissa Forest Act (hereinafter referred as "the Act") and Rule 21 of the Orissa Timber and Other Forest Produce Transit Rules (hereinafter referred to as "the Rules").

(2.) THE case of the prosecution is that on 9.2.1986 at about 10.00 p.m. while performing patrol duty, the Forest Mobile Squad found the accused -respondents transporting three carts load of firewood. On demand, they could not produce any authority for such transportation. Therefore, the Forest Guard (P.W. 3) seized the firewood and the carts and prepared a seizure list at the spot. Ultimately prosecution report was filed by the Forester against the accused -respondents under the aforesaid sections of the Act and the Rules.

(3.) IN order to prove its case the prosecution examined as many as four witnesses and relied on one exhibit. None was examined on behalf of the accused -respondents.