STATE OF H.P. Vs. JAGAT RAM

JUDGEMENT

(1.) This appeal arises out of the acquittal of the accused by the Chief Judicial Magistrate, Shimla, in Case No. 96/2 of 1983 decided on 26 -6 -1986. It is a case under Ss. 41/42 of the Indian Forest Act, 1927 and Ss. 379/411, Indian Penal Code.

(2.) The prosecution case, briefly, is that on 2 -6 -1982, Inspector Jeet Singh (PW -7) of Enforcement Branch, conducted a raid at Railway Station Shogi. Sub -Inspector Prem Parkash Sethi (PW -9), Forest Block Officer Narain Singh (PW -6) and Forest Guard Chander Mani (PW -8) were also with him at that time. During this raid, forty scants of Kail wood of different sizes were found lying in the yard of Railway Station, Shogi. They bore C.T. Khudan mark and no export hammer and property mark was affixed on these scants. During investigation, it was found that this Khudan mark was allotted to the accused, who had been given various export permits by Divisional Forest Officer, Shimla for the transport of timber. The case, therefore, is that the accused transported these forty scants of forest produce to Railway Station, Shogi without affixing necessary property mark and export hammer and committed the breach of provisions of Himachal Pradesh Forest Produce Transit (Land Routes) Rules, 1978 framed under Ss. 41, 42 of the Indian Forest Act. Since the accused failed to account for the timber in question, offence also fell under Sec. 379, Indian Penal Code or in the alternative, Sec. 411, Indian Penal Code.

(3.) These scants were seized on the spot through memo. Ext. P -9 and were given on Spurdari to Shri Baldev Verma through Memo. Ext. PP. On the basis of Ruqa (Ext. PA) by Inspector Jeet Singh to Police Station Enforcement, Shimla, First Information Report (Ext. PB) was recorded in the case. On completion of investigation, the accused was prosecuted for the aforesaid offences in the trial Court, where he pleaded not guilty and claimed to be tried.