SATYA PARKASH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS revision petition is directed against the judgment, dated 1.9.2004, of learned Sessions Court, where by, appeal filed by the Petitioner, against the judgment dated 27.9.2003 of learned trial Magistrate, by which he (the Petitioner) has been convicted, under Sections 41 and 42 of the Indian Forest Act, and sentenced to undergo simple imprisonment for one month and to pay fine of Rs.1000/ -, in default of payment of fine, to undergo further imprisonment for 15 days, has been dismissed.

(2.) PETITIONER , along with two other persons, named Satya Pal and Guman Singh, had been challaned, under Section 379 IPC and 41/42 of the Indian Forest Act, for allegedly committing theft of seven sleepers of Kail, and transporting those sleepers, without any permit, thereby violating the provisions of H.P. Forest Produce Transit (Land Route) Rules, 1978. It was alleged that on 8.7.1998, at a place near Thanadhar, truck No. HP -06 -1466, which was being driven by the present Petitioner, was intercepted by the police. Truck appeared from Narkanda side. It was signalled to stop by the police officials, who had organized a naka, at that site. The truck did not stop. It was given a chase in a Zypsy and intercepted at a distance of about one and a half kms. from the site of naka. On checking, it was found that truck was loaded with sand and above that sand, seven sleepers of kail were also there. One of the three persons in the truck, namely Guman Singh, escaped, taking advantage of the darkness, while the present Petitioner and one Satya Pal, conductor in the truck, were nabbed. Guman Singh was also arrested later on. No permit for carriage of the timber, or showing that timber belonged to the Petitioner, or either of the other two accused, was produced. Timber was taken into possession and produced before the Authorized Officer, who passed an order of confiscation of timber as also the truck.

(3.) I have heard counsel for the Petitioner and the Deputy Advocate General and gone through the record.