STATE OF HIMACHAL PRADESH Vs. ROSHAN LAL

JUDGEMENT

(1.) STATE has appealed against the judgment dated 15.3.2004, of learned Special Judge, whereby Respondents Roshan Lal and several other persons (some of whom have died), who were tried for offences, under Sections 379, 420, 411, 218, 468, 471, 120B IPC, Section 5(2)(d) of the Prevention of Corruption Act, 1947 (hereafter referred to as Act) and Sections 41 -42 of the Indian Forest Act, read with Rules 11/20 and 18/20 of the H.P. Forest Produce Transit (Land Routes) Rules, 1978, have been acquitted.

(2.) CASE of the prosecution may be noticed. Enforcement Department of H.P., while investigating case FIR No. 2 of 1982, dated 1.6.1982, came to know that timber, in excess of the quantity permitted, vide permit No. 8 of 1982 -83 (Ex.PW -46/C), had been booked with Summer hill Railway Station, because the weight of the loaded wagons indicated that it was in excess of the weight, which ought to have been there and, thus, there had been export of 4866 cubic feet excess timber, worth Rs. 9,73,200/ -. The said permit Ex.PW -46/C had been issued in favour of M/S Shiv Lal Chain Ram. Respondents Shiv Lal and Chain Ram are the partners of the said firm. A case was, therefore, formally registered vide FIR 3 of 1984, copy Ex.PW -60/B.

(3.) DEMARCATION was given by Respondent Chet Ram, who was then a field kanungo. Trees were marked by Kagu Ram, Range Officer, who is now dead and some other forest officials. Total number of trees, so marked, was 445. Trees were felled, which yielded 12,488 scants. The volume of those scants was 17,438.41 cft. Investigation further revealed that export permit was applied for by Shiv Lal and Chain Ram, for exporting the said timber. Permit was required to be issued by D.N. Machhan, Divisional Forest Officer. Permit was issued without verification and satisfaction that there was no felling on the adjoining government forests. Moreover, against the permit for 12,488 scants, 13,991 scants were exported through railways. Thus, 1503 scants, in excess of the permitted number of scants, were exported. Railway employees, i.e. Respondent Amrit Singh and R.N. Dua, now dead, facilitated the export of more timber than permitted. It was also found that some scants were allowed to be exported by the above named railway employees, after the expiry of the validity of export permit. The timber, so exported by railways, was sold to timber merchants outside the State of H.P., through Respondents Bhupinder Singh and his agent Attar Singh, also a Respondent. Piare Lal Sudan, Range Officer facilitated the issuance of export permit, for more timber than actually yielded by the trees, standing on private land.