STATE OF HIMACHAL PRADESH Vs. RASHID MOHD

JUDGEMENT

(1.) THE State has challenged the acquittal of the respondents for the offences punishable under Sections 41, 42 of the Indian Forest Act read with Rules 11/20 of Transit (Land and Route) Rules, 1978.

(2.) PRECISELY , the case of the prosecution can be stated thus. PW9 Head Constable Raghubir Singh was posted at Check -Post, Behral, Tehsil Paonta Sahib. On 5.9.1997 at about 1.20 a.m. truck No. HPN -471 reached the Barrier. It was stopped for checking. PW9 aforesaid found 15 drums each drum of 100 liters concealed under 235 bags of chemical powder containing some brown substance. The truck was being driven by respondent No. 1 Rashid Mohammad. He produced the builty of the chemical powder, but he could not offer any explanation with respect to the contents of 15 drums of which according to HC Raghubir Singh (PW9) smelt like Katha (the resin of Khair tree). Respondent No. 2 Dinesh was the Cleaner of the truck and respondent Sudhir was an occupant. Thus a Ruqa Ext.PW12/A was sent for the registration of the case, which culminated into the present FIR.

(3.) THE truck was impounded and all the three accused persons were arrested. During their interrogation they were found to have transported the aforesaid forest produce at the behest of respondent No. 4 Sukhdarshan Singh, who was running 'Doon Katha Factory at Misherwala'. Police also arrested him, but later all the accused persons were released on bail. The case property was claimed and released to respondent No. 4.