SUNDER SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The petitioner herein was convicted under section 42 of the Indian ,Forest Act for having contravened the provisions of Himachal Pradesh Forest Produce Transit (Land Routes) Rules. 1978 framed under section 41 of the Indian Forest Act. For this conviction recorded by the Chief Judicial Magistrate, Shimla he was sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs. 500/- In addition, the learned Magistrate ordered confiscation of the case property which comprised 129 scants of timber. The petitioner filed an appeal against his aforesaid conviction and sentence in the Court of Sessions Judge but the same was dismissed. He has now approached this Court under sections 397/401 read with section 482 of the Code of Sunder Singh Vs. State of H.P.Ignorance of law is no excuse Criminal Procedure to seek the quashing of his conviction and sentence as recorded by the Chief Judicial Magistrate and upheld by the Session Judge.

(2.) The facts of the case are not disputed. It is an admitted position that the petitioner on 26.4.1980 was transporting 129 scants of sleepers of different sizes of deodar and kail in truck No. H P S.3052 when the same was intercepted by the police near Longwood, Shimla. The scants and sleepers found in the truck were not bearing any hammer mark or property mark nor the petitioner was in possession of any valid permit authorising him to transport the said timber. Rule-li of the Himachal Pradesh Produce Transit (Land Routes), .-J Rules, 1978 provides that no person shall transport or cause to be transported any forest produce by land routes, without obtaining pass from the concerned Divisional Forest Officer or any other officer so authorised. Contravention of these rules has been made punishable under Rule-20 which lays down that any person who contravenes these rules shall be liable to imprisonment for a term which may extend to six months or with fine which may extent to Rs. 500/-or with both and the forest produce being transported may also be seized and dealt with under the provisions of the Indian Forest Act. Section-55 of the Indian Forest Act lays down that all timber or forest-produce which is not the property of Government and in respect of which a forest-offence has been committed, and all tools, boats, carts and cattle used in committing any forest-offence, shall be liable to constitution, and such confiscation may be in addition to any other punishment for such offence.

(3.) In view of the admitted facts and the, clear provisions of the relevant rules and of the Indian Forest Act, no infirmity can be pointed out in the impugned order of conviction and sentence as recorded by the Chief Judicial Magistrate upheld by the Sessions Judge.