MOHAN TIWARI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) These three petitions, namely Criminal Revision Nos. 84 of 1987, 85 of 1987 and 113 of 1987, can be disposed of by a common judgment as they are from a common judgment of the Deputy Commissioner Bomdila Passed in Criminal Revisions Nos. 1 and 2 of 1986. Sarvashri Mohan Tiwari, C. Lama, K. Hagum, N. Gohain, A. Bhattacharjee and T. Sethen are the petitioners in Criminal Revision No. 84 of 1987, Shri Mohan Tiwari is the petitioner in Criminal revision No. 85 of 1987 and Shri D. L. Nandi is the petitioner in Criminal Revision No. 113 of 1987. The petitioners have prayed for quashing of the charges framed against them u/Ss. 409 and 418, IPC.

(2.) The case of the prosecution, in brief, is thus. On the basis of a preliminary report submitted by Mobile Squad Arunachal Pradesh Forest Department relating to loss of Government revenue to the extent of Rs. 25,00,000.00 due to illegal extraction of timber during the period of 1981 to 1984, the police investigated the crime and submitted charge-sheet against the accused-petitioners and R. C. Das (since deceased) u/Ss. 409 and 418, Indian Penal Code. In the forest in question, the timber operation was carried out on the following manner. The registered contractor applied for cutting down trees growing in the forest. Under the order issued by the Divisional Forest Officer (DFO), the Range Officer marked the trees, which were to be cut down, and collected advance royalty. Thereafter, the Passing Officer deputed by the Range Officer physically inspected the logs after the trees had fallen and logs were measured and measurement was entered in the "Log Measurement Book". On the basis of entry in "Log Measurement Book" final bill was prepared and advance royalty was adjusted. The Passing Officer puts Hammer marks on the logs. If the timber was sawn, the end produce or product was estimated at 65% in the case of manually sawn and 60% in case of sawing by mechanical process. There are two other registers, namely "Timber Marking register" and "Sawn Timber Measurement Book". Sale hammer marks also put on the sawn timbers. In the present case the quantity of the sawn timber for which the transit passes has been issued was more than the quantity entered in the register of Sawn Timber Measurement Book. The quantity of the timber measured before sawing and entering in Measurement Book should be less than the quantity of the logs by 25% or 30%, as the case may be. Therefore, there was unauthorized or illegal extraction of timber in connivance with the officials concerned. The trial Court framed charge u/S, 409, IPC. On revision the learned Deputy Commissioner ordered that charge u/S. 418, IPC was also to be added. Hence this petition.

(3.) The above facts, prima facie, indicate that the petitioners have dishonestly violated the legal duties in discharge of the trust. Therefore, the charge u/S. 409, IPC, cannot be quashed. As regards the charge u/S. 418, IPC, the same relates to cheating. The facts stated above does not disclose facts constituting cheating and, therefore, the charge u/S. 418, IPC, is to be quashed.