RAM DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) Ram Dass, Plaintiff herein, has filed this suit for the recovery of rupees 15,56,438/- as damages. Plaintiff also claims interest at the rate of 18% per annum with effect from May 5, 1982.

(2.) The Plaintiff is a Forest Contractor. He applied for and was given permission to fell 169 Deodar, Kail and Rai (fir) trees from land comprised in Khasra Numbers 23, 35, 37, 43, 48, 51 and 549 from Chak Khagna by a sanction order dated July 13, 1980. These trees were exploited and converted into timber. The timber so converted was brought to the road head and stacked at Khagna Pul in Tehsil Chopal of District Shimla.

(3.) According to the Plaintiff, he stacked 2510 scants of different sizes and species of timber at Khagna Pul. A case for offences punishable under Sections 379, 420 of the Indian Penal Code and Sections 41 and 42 of the Indian Forest Act read with Section 5(2) of the Prevention of Corruption Act was registered against the Plaintiff and other persons in terms of F.I.R. No. 12 of 1994. The timber stacked at Khagna Pul was taken into possession by the Enforcement Department in this case and given to the custody of Daulat Ram. The timber so seized was auctioned on the directions of the Court dated March 25, 1986. It is the case of the Plaintiff that though 2510 scants were stacked at Khagna Pul but the seizure memo reflect that only 1785 scants of different sizes and species were taken into possession in the aforesaid F.I.R. as the case property. The timber was auctioned on the directions of Special Judge, Shimla on March 25, 1986. The timber so auctioned was 1556 scants. The Department of Forest which took the custody of the timber and the police authorities seized the timber are liable to account for short fall of 954 scants of different sizes and species. The value of the short-fall limber comes to rupees 5,06,100/- according to the prevalent rates in the year 1986-87 for Such timber. The Plaintiff and other accused were convicted for offences punishable under Sections 120-B, 167, 218 of the Indian Penal Code, Section 5(2) of the Prevention of Corruption Act and Sections 33, 41/42 of the Indian Forest Act. However, they were acquitted for offences punishable under Sections 468 and 471 of the enal Code by the Special Judge, Shimla on December 22, 1989.