STATE OF HIMACHAL PRADESH Vs. RAJINDER SINGH

JUDGEMENT

(1.) IN this appeal by the State, judgment dated 29.4.2002 of learned Special Judge (Forests), Shimla, whereby Respondents Rajinder Singh and others have been acquitted of charge, under Sections 379, 420, 467, 468, 471 read with Section 12B IPC, Section 5(2) of the Prevention of Corruption Act, Sections 41/42 of Indian Forest Act and Penal Provisions of H.P. Taxation on Certain Goods Carried by Road Act, 1976, is assailed.

(2.) CASE of the prosecution is that when Enforcement Staff of South Zone Shimla was investigating a case, registered vide FIR No. 19/84, it was detected that against 742 scants of Kail, permitted to be exported vide permit No. 11/81 -82 dated 5.4.1981, 909 scants had been exported from Railway Station, Shoghi, through R Rs Exts. PW4/A, PW4/B, PW4/C PW4/D and Ext. PW6/A. Therefore, a separate case was registered, vide FIR Ext. PW1/C.

(3.) AFORESAID lists of marked trees were submitted by Respondent Ram Lal and his colleague Kagu Ram to Divisional Forest Officer, Rohroo, who required the Tehsildar and the ACF to verify if the trees had rightly been marked on private land. Respondent S.R. Masson, Tehsildar and Respondent D.N. Machhan, ACF, reported that they had done 10% random checking and noticed that only 2 out of 121 trees, included in the list, had been marked on the boundary and permission could be granted in respect of 119 trees, excluding 2 trees, which stood on the boundary. Divisional Forest Officer, Rohroo, then passed felling orders, thereby authorizing Respondents Rajinder Singh and Narain Singh to fell the trees, indicated in the marking lists.