STATE OF TRIPURA Vs. SESHIMOHAN MALAKAR

JUDGEMENT

(1.) THIS is an appeal by the State of Tripura against the acquittal of all the four respondents of offences punishable Under Section 42 of the Indian Forest Act and of respondent No. 1 Sashimohan Malakar, Under Sections 353 and 323 of the I. P. C.

(2.) THE case of the prosecution Is briefly as follows : - -

(3.) THE Act thus gives the power to the State Government to make rules regulating the transit of all timber in such terms as enables the Government to prescribe that even private timber, other than forest timber, could be carried or transported within a certain area only with a transit permit. This is exactly what the State of Tripura has done by rules framed Under Section 41 of the said Act when it notified (Notification No. 12 dated 29 -4 -1952 made the transit rule No. (1) 1 as under : - -