STATE OF HP Vs. VINOD KUMAR

JUDGEMENT

(1.) The State is aggrieved by the appellate order passed by learned Sessions Judge, Solan, in an appeal against the order passed by the Authorized Officer-cum- Divisional Forest Officer, Solan on 3.7.2006, in a case arising out of the F.I.R. No. 83/2005 under Sections 279, 337 and 379 I .P. C., Sections 41 and 42 of the Indian Forest Act, and under Section 187 of the Motor Vehicles Act registered at police station, Kandaghat.

(2.) The Authorized Officer, vide his order which was set aside in appeal by the learned Sessions Judge, holds that Whether reporters of the Local papers are allowed to see the judgment? Yes. the vehicle in question was carrying timber which was being transported without valid permit and therefore involved in an offence under the Indian Forest Act. In these circumstances, the Officer passed an order of confiscation under Sections 52- A and 52-B of the Indian Forest Act. This was challenged by the respondent herein before the learned Sessions Judge, Solan.

(3.) In the appeal, the learned Sessions Judge considers the relevant factors required under Section 52-A, namely, that the offence should have been committed with respect to timber (excluding fuel wood), resin, khair wood and katha and the timber should be the property of the State Government. Learned Court also refers to the provisions of Section 45 of the `Act' and holds that the timber was being transported was not the property of the State Government. The Court then proceeds to add that no doubt forest offence has been committed and the vehicle has been used for committing such an offence as the vehicle did not possess any permit but that would not used to invoke the power under Section 52-A of the Act. The Court holds that on the reading of the First Information Report, the timber was being transported out of the revenue estate of Theog without any permission and T.D. timber which was being transported by the right holders is not the property of the State. The order of confiscation was set side. A number of arguments have been addressed by the learned counsel for the parties.