STATE OF H.P. Vs. MAST RAM

JUDGEMENT

(1.) STATE has appealed against the judgment dated 31st December, 2002, of learned Special Judge, whereby respondents Mast Ram and others (numbering twelve) have been acquitted of charge, under Sections 379, 420, 468, 471, 120 -B of the Indian Penal Code, Section 13(2) of the Prevention of Corruption Act, 1988, and Sections 41/42 of Indian Forest Act, read with Rules 11, 18 & 20 of H.P. Forest Produce Transit (Land Routes) Rules, 1978.

(2.) CASE of the prosecution, which led to the challaning, charge -sheeting and the trial of the respondents, may be noticed. There used to be a firm, named and styled as M/s Mast Ram Tanta, of which respondents Mast Ram, Bhupinder Singh and Padam Singh were the partners. The firm did the business of lumbering. It used to buy trees, standing on Government forests, from H.P. State Forest Corporation. It used to fell the trees, convert those trees into timber and thereafter export the timber, after obtaining export permits. One of the partners of the firm, namely respondent Bhupinder Singh, had respondent Attar Singh, as his Munshi (an employee). Respondent Shiv Lal was Munshi of the firm.

(3.) AFTER felling the trees, firm, through its partners, applied for permits to export the timber, extracted from the aforesaid trees. Five permits were granted in favour of the firm, against which 19693 scants were allowed to be exported. Particulars of those five permits are as follows: