ANADI CHARAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners herein were convicted under Rule 11 of the Orissa Timber and other Forest Produce Transit Rules (hereinafter referred to T.T. Rules) and sentenced to undergo R. I. for 4 months and to pay a fine of Rs. 400 and in default to suffer R. I. for 6 weeks more. The case against them is that on 22.4.1968 they were found transporting 33 bags of Mohua flowers by bullock carts and were detected at a place within the jurisdiction of Kamakshyanagar forest range and for such transport they did not possess any transit permit. Their defence is that they have purchased the Mohua flowers from one Jagannath Agarwalla who admittedly was the lessee from Government in respect; of Mohua flowers of the Pallahara range and that they were armed with the coupe permit, Ext. A, issued by Jagannath Agaravalla authorising them to transport the same on or before 23.4.1963. The findings of the Court below are that Jagannath Agarwalla is the forest contractor in respect of Mohua flowers of Pallahra Range, that Ext. A is a coupe permit issued by Jagannath Agarwalla to the petitioners and that there is no evidence to show that the petitioners collected or removed the Mahua flowers in question from any forest in the Kamakshyanagar Range. The appellate Court, however, held that although on the authority of Ext. A, the petitioners could validly remove the Mohua flowers from the contract area of Jagannath Agarwalla, Ext. A cannot legalise or authorise such removal of Mohua flowers to any place in the State of Orissa, The short point for consideration in this case is whether this view of the learned Additional Sessions Judge is correct.

(2.) IN exercise of the powers conferred by Sections 41 and 42 of the Indian Forest Act, 1927, the State Government have made and promulgated the Timber and other Forest Produce Transit Rules which are in forces since December, 1958. Rule 4 which is relevant for our purpose may be quoted :