STATE OF HIMACHAL PRADESH Vs. BASTI RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 25.6.2002 delivered by the learned Chief Judicial Magistrate, Sirmaur, whereby he acquitted the accused of having committed offences punishable under Section 406, 407, 409 and 420 of the IPC.

(2.) BRIEFLY stated, the facts of the case are that a truck bearing No.HP -16 -1121 was seized by the police since it was being used for an illegal purpose i.e. transportation of illicitly fell timber. The Divisional Forest Officer, who is also the Authorized Officer under Section 52 -A of the Indian Forest Act, vide his order dated 11.9.1998 directed that the truck in question be confiscated. The accused preferred an appeal against the said order of confiscation before the learned Sessions Judge, Sirmaur. The said appeal was allowed and the order of confiscation was reversed and the case was remanded to the Authorized Officer -cum -DFO for decision afresh.

(3.) ON 7th August, 2000, the Authorized Officer -cum -DFO again passed an order for confiscation of the aforesaid truck in favour of the State Government and notice was issued to the accused to produce the truck before the Authorized Officer. The accused failed to produce the aforesaid truck and thereafter a complaint was lodged by the Divisional Forest Officer with the police on the basis of which the FIR has been registered against the accused for having committed the aforesaid offences. Investigation was done and after trial, the accused was acquitted. Hence this appeal.