STATE OF HIMACHAL PRADESH Vs. SOM NATH

JUDGEMENT

(1.) Assailing the judgment dated 18.1.2006, passed by Judicial Magistrate, 1st Class, Court No. II, Una, H.P., in Criminal Case No. 22-I-2000, titled as State of H.P. vs. Som Nath and another, whereby respondents-accused stand acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) As per prosecution, on 21.3.2000, Constable Nanak Chand (PW-1) received secret information that accused Som Nath was trying to smuggle wood into the neighbouring state of Punjab, to which effect, he got his statement (Ext. PW-1/A) recorded with ASI Akshay Kumar (PW-4). Ruka was prepared and sent to the Police Station through Constable Mukesh Kumar. A raiding party was formed and naaka laid at Dulehar Khad bordering Punjab. Same day, at about 6.00 a.m., one truck bearing No. HP 20 9141 driven by accused Nazir Ahmad loaded with "talli wood" was stopped. Vehicle was searched. Accused Som Nath was sitting in the vehicle. Passengers were asked to produce the permit which they failed to do so. The vehicle and the wood was seized vide memo (Ext. PW-1/C). F.I.R. No. 179 of 2000, dated 21.3.2000 ( Ext. PW-4/G) was registered at Police Station Una, Distt. Una, H.P. against the accused, under the provisions of Sections 41 & 42 of Indian Forest Act and 11 20 of H.P. Forest Produce Transit (Land Routes) Rules, 1978. With the completion of necessary formalities, challan was presented in the Court for trial.

(3.) Both the accused were charged for having committed offences punishable under the provisions of Sections 41-42 of the Indian Forest Act and under Sections 4-16 of Land Preservation Act. Additionally, accused Nazir Ahmad was charged for having committed an offence punishable under the provisions of Section 181 of the Motor Vehicle Act, 1988. The accused did not plead guilty and claimed trial.