STATE OF HIMACHAL PRADESH Vs. KRISHAN CHAND

JUDGEMENT

(1.) Respondent, initially accused, was tried but acquitted for the commission of the offvnces under sections 3, 9 and 14 of the Himachal Pradesh Forest (Sale of Timber) Rules, 1969, (shortly referred to as the Rules), vide the impugned judgment dated November 7, 1987, passed by the learned Judicial Magistrate 1st Class, (I), Kangra at Dharamsala.

(2.) Prosecution case in nut-shell is that police party headed by Swaran Singh Inspector (Enforcement) North Zone, Dharamsala, (p.W. 3) alongwith Sub Inspector Onkar Singh (P.W. 2) and Vijay Kumar were busy in investigation of a complaint No. 2/87 at village Dohan, Thana Haripur, District Kangra. On information the said party went to the premises of the accused and ultimately found him operating the saw-mill. It was checked in the presence of Bimal Singh, an independent witness (P.W. 1) and on demand the accused could not produce registration certificate of the said saw-mill nor the stock register pertaining to the timber found at that place. Accordingly, Swaran Singh sent a ruqa (Ex. P.W. 3/A) for the registration of a criminal case against the accused for the commission of the aforesaid offences. Resultantly, a formal F.I.R. Ex. P.W. 31B was registered.

(3.) During investigation, he collected electricity bill dated 1.2.1986 (Ex. P.W. 2/A) besides 12 scants of different species and sizes were taken into possession after observing codal formalities and on completion of the investigation, the accused was prosecuted for the said offences.