STATE OF ORISSA Vs. DANDAPANI NAIK AND ANR.

JUDGEMENT

(1.) THIS Government Appeal is directed against the judgment and Order Dated 19.03.1986 passed by the Judicial Magistrate Second Class, Nayagarh in 2 (b) C.C. Case No. 1 of 1980/T.R. Nos. 44 of 1983 acquitting the Respondents of the offence under Rule 16 of the Orissa Timber and other Forest Produce Transit Rules, 1967.

(2.) THE case of the prosecution is that on 19.05.1979 on the P.W. D. Road Nayagarh in front of the P.W. D. Office a truck loaded with Sal sizes was seized by the Forester, on failure of the accused -Respondents to produce the required transit permit. After proper investigation, prosecution report was submitted against the accused - Respondents.

(3.) IN order to prove its case, prosecution examined as many as 8 witnesses and exhibited two documents. Defence has examined only one witness and exhibited five documents.