STATE OF HIMACHAL PRADESH Vs. KALSANG SON

JUDGEMENT

(1.) The accused faced charges for commission of offences constituted under Sec. 41, and, under Sec. 42 of the Indian Forest Act. Upon, the afore drawn charges, the learned trial Court through its verdict made on 3/12/2009, upon, Police Challan No. 305-I/2008|42-III/2008, made an order of acquittal upon the accused.

(2.) The State of Himachal Pradesh becomes aggrieved from the order of acquittal (supra), and, hence has reared the extant appeal before this Court.

(3.) Brief facts, necessary for the disposal of the present criminal appeal are on 6/5/2008 the police party headed by SHO Hemant of P.S. gohar were present on a naka in Government Vehicle No. HP-33A-8714 on national highway No.21, near Pandoh Dam and were checking the vehicles when at about 9. 0 p.m., a HRTC bus going from Kullu to Jalandhar, bearing No. HP-34-6098 reached the spot and it was stopped for checking. During the course of checking, when the I.O. reached near seat No.4, a person was sitting there and near his seat were placed two bags, coloured red and blue. The person got perturbed and on asking disclosed his name as Kalsang son of Ngima, R/o Dehra. The bags in possession of that person were cheked and it was found containing Walnut Bark (Dandasa). The walnut bark was weighed with the scale and it was found 8 kg. The bags alongwith walnut bark were taken into possession and seizure memo was prepared. Rukka was prepared and was sent through Constable Mahinder Kumar No. 242 to the police station and a formal FIR was registered.