STATE OF HIMACHAL PRADESH Vs. TENJIN CHHEWANG

JUDGEMENT

(1.) Respondents were acquitted by the learned trial Court for offences punishable under Sections 379 of the Indian Penal Code read with Section 41 and 42 of the Indian Forest Act and Rule 20 of the H.P. Forest Produce and Transit (Land Route) Rules,1978, for felling of two trees of Deodar and illegally transporting its converted timber in 58 scants by Tempo No. HP-27-0999, as such, the State felt aggrieved by the impugned judgment passed by it in Criminal Case No. 85-2 of 2001on 8.9.2004, thus, preferred the present appeal.

(2.) The case of the prosecution is that on 10.10.2001, PW3 SI Atma Ram was the Incharge of Police Check-Post, Lippa. At about 4.30 A.M., he was present in the said Check-Post alongwith PW14 Constable Basu Bandhu and PW16 Home Guard Constable Arun Dev. The Tempo aforesaid came from the side of Reckong-Peo, which was going towards Pooh. It was being driven by Respondent Tenjin Chhewang. It stopped at the said Check- Post for entry, the driver came to the Check-Post, he disclosed that the Tempo vehicle was loaded with grass, but on checking of the said vehicle, it was found to have 58 scants of Deodar, which were kept concealed under the dry grass. PW3 SI Atma Ram also noticed Respondents Govind Singh and Vidya Chand sitting in the tempo cabin but none of them could produce the valid documents to transport the timber aforesaid.

(3.) Ruqa Ext.PW3/A was sent for the registration of the case. Thereafter, investigation was taken up by PW17 ASI Bhikham Ram of Police Post Moorang. The timber was taken into possession vide recovery memo Ext.PW1/A in the presence of PW1 Roop Singh and PW2 Sonam Deva. Site plan of the recovery was also prepared. Vehicle in question was also taken into possession. The Scants of the Deodar were handed over to PW6 Asha Puran, Block Officer on supurdari vide memo Ext.PW1/B. The measurement of the timber was done by said Block Officer and he prepared the memo Ext.PW5/A and also put his seizure hammer mark, the copy of which is Ext.PW5/B. On 12.10.2001, the Respondents were arrested.