STATE OF H P Vs. KULDEEP KUMAR

JUDGEMENT

(1.) State of Himachal Pradesh has appealed against the judgment of the learned Chief Judicial Magistrate, Solan in Criminal Case No. 42/3 of 1984 re State of H.P. versus Kuldeep Kumar, whereby the accused was acquitted of the commission of the offence under Sections 41 and 42 of the Indian Forest Act, 1927.

(2.) Accused Kuldeep Kumar was prosecuted for being in possession of 26 Kgs. Banafasha, a forest produce, contained in three gunny bags on April 8, 1985 at 2.50 p.m. On the above said date, time and place, the accused was standing near bus stand Parwanoo with the incriminating article for which he had no export permit under the rules framed by the State of Himachal Pradesh for carrying and transporting of forest produce. Resultantly, the said incriminating article was seized.

(3.) To the substance of accusation detailed above put to the accused under Section 251 of the Code of Criminal Procedure, he raised a defence of denial simplicitor. In his statement under Section 313 of the Code of Criminal Procedure, the accused admitted recovery of Banafsha, a forest produce, from his possession. He also admitted that he had no export permit for it.