MADBABANANDA CHINARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision petition is directed against the order of the First appellate court dismissing the appeal preferred by the Petitioner against the order of conviction and sentence passed by the Judicial Magistrate, Jajpur Road under Rule 21 of the Orissa Timber and Other Forest Produce Transit Rules, 1980.

(2.) THE Petitioner faced trial before the Judicial Magistrate under Rule 21 of the Timber and Other Forest Produce Transit Rules, 1980 (in short 'the Rules') for violation of Rules 4, 12 and 14 of the said Rules.

(3.) DURING trial, the petitioner produced documents to show that he had purchased 16 pieces of Sal round logs from Muniguda Depot of the Orissa Forest Corporation Limited and later he had converted them into 446 pieces of sawn sizes. The learned Magistrate has, however, found that the documents produced by the Petitioner during trial did not relate to the seized sawn timbers. Accordingly, the learned Magistrate concluded that the Petitioner failed to show any valid document to possess the seized forest produce under Rule 12 of the Rules. The Magistrate, therefore, convicted the Petitioner under Rule 21 of the Rules for violation of Rule 14 of the said Rules and convicted him the reunder and sentenced to pay a fine of Rs. 200/ -.