STATE OF HIMACHAL PRADESH Vs. SURESH KUMAR

JUDGEMENT

(1.) THE State is in appeal against the judgment dated 10.08.2000 of the learned Additional Chief Judicial Magistrate, Theog, District Shimla, Himachal Pradesh, in Case No. 51 -II of 1993 titled State V/s. Suresh Kumar and Ors. whereby the Respondents herein (who shall hereinafter be called as 'the accused ' and denoted as A -1, A -2 so on and so forth) were tried for the breach of Rule 11 of the H.P. Forest Produce Transit (land Routes) Rules, 1978 read with Sections 41 & 42 of the Indian Forest Act, 1927( in short 'the Act ') and were ultimately acquitted.

(2.) SHORN of details, factual matrix of the prosecution case is that on 02.10.1992 a police party headed by SHO Gurmeet Singh of Police Station, Theog, comprising of ASI Devi Lal, HC Diwan Singh and Constable Devinder Singh was present at Dharampur (Diba) in connection with investigation of a case arising out of FIR No. 165 of 1992 under Sections 302 and 201 IPC. At about 3:30 a.m. Truck bearing registration No. HIS - 1041 came from Kayartoo side. The vehicle was stopped and it was found that it was being driven by A -2, Lakshmi Dutt and other co -accused were sitting in the vehicle. On checking, 150 tins of resin were found in the vehilce. However, the accused could not produce any permit and 'rawangi challan ' for transporting the said forest produce, which was taken into possession vide memo, Ex. PW -1/A.

(3.) ON close of the prosecution evidence, the accused were examined under Section 313 Code of Criminal Procedure, wherein they pleaded innocence and false implication. However, they did not lead any evidence in defence. After hearing the parties, the learned trial court proceeded to acquit the accused, as already noticed.