SHIV NARAIN BHASIN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This criminal revision is directed against the judgment dated June 12, 1984 of the learned Sessions Judge, Solan and Sirmur Districts at Solan maintaining the conviction and the sentence awarded by the learned Chief Judicial Magistrate, Solan against the petitioner Shiv Narain Bhasin under Section 42 of the Indian Forest Act, 1927.

(2.) Briefly stated, the prosecution case, as noticed by the Courts below, is that the sawmill of the petitioner was raided by PW 4, SI Kidar Singh accompanied by PW 1 Sawaran Nath, Block Officer (Forest) and PW 2 Krishan Dutt. It was found by them that 85 pieces of chil (gath), 55 other pieces of chil (gol) and some fuel wood were lying for sale in the depot. The petitioner could not produce the certificate of registration of the depot and further he had not maintained any register in the form prescribed by the rules. The timber was also found not to have export hammer and sale hammer marks.

(3.) The learned Chief Judicial Magistrate, Solan acquitted the petitioner for the offence under Section 420, I.P.C. holding that none of the ingredients thereunder had been established by the prosecution but convicted him under Section 42 of the Indian Forest Act and sentenced him to simple imprisonment for a period of three months and a fine of Rs. 500/-. In default of the payment of the fine, the petitioner was ordered to suffer simple imprisonment for another period of 15 days. As stated above, the appeal preferred against the judgment of the learned Chief Judicial Magistrate, Solan was dismissed by the learned Sessions Judge. Hence, the present criminal revision.