STATE OF HIMACHAL PRADESH Vs. BACHHI RAM

JUDGEMENT

(1.) This is an appeal against acquittal. It takes exception to the decision of the Special Judge (Forest), Shimla, H.P. in corruption case No.14-S/7 of 2002 dated 27th August, 2009. The Respondents were charged for offence punishable under Sections 379, 468, 420, 471 and 120-B IPC, Sections 33, 41 and 42 of the Indian Forest Act and Sections 5(2) read with 13(2) of the Prevention of Corruption Act.

(2.) The prosecution case, in brief, was that on 17th February, 1985 Sh.Rama Nand, Inspector, Police Station, Enforcement (South Zone), Shimla, after inquiry on the application of Rajinder Singh Mehta, sent a rukka for registration of case. According to the Investigating Officer, the record of M/s.BR & Company, Pathankot revealed that DFO, Chopal had issued export permit No.383/83-84 dated 2 nd March, 1984 to Divisional Manager, HPFC, through M/s BR & Company, sub-agent, Pathankot, for transportation of 1117 scants of deodar of volume 280-60 cubic meter bearing property mark BRD and khudan mark BR, but the record of the Himkasth Sale Depot, Parwanoo, indicated that 1676 scants of deodar of volume of 156.488 cubic meter and 2780 scants of kail of the volume of 290.504 cubic meter were received through export permit. It is noted that 559 scants of deodar were found in excess of the export permit and 685 scants of kail were found less than the quantity mentioned in the export permit. On the basis of such variation noticed during the investigation, the respondents were charged with the alleged offences.

(3.) Respondents No.1 & 2 were working for M/s BR & Company whereas respondent No.3 was at the relevant time Forest Guard at Chopal where the loading of the scants in question was done. Respondents No.5 to 8 were attached to Yashwant Nagar Check Post and were reportedly on duty at the relevant time.