STATE OF H.P. Vs. PURAN CHAND

JUDGEMENT

(1.) -The present respondent was prosecuted under sections 41/42 of the Indian Forest Act read with Rule 14 of the H. P. Forest (Sale of Timber) Rules, 1969, (hereinafter to be called as "the Rules") for violation of Rule 9 thereof.

(2.) According to the prosecution, on 1st June, 1987, Shri Hari Singh, Deputy Ranger, along with Khub Ram, Forest Ranger and Mohan Singh, Forest Guard, inspected the saw mill, which was being run by the accused at that time in pursuance of an agreement executed by Shri Gur in favour of the accused, On checking it was revealed that 36 sleepers of various sizes were found in the said premises about which the accused on demand could not produce any document The said timber was seized and F. I. R No. 153/87 was registered against the accused on a written complaint made by Shri Gulab Chands Range Officer, Sundernagar, During investigation it was revealed that the accused had transported the timber in question without obtaining any permit from the forest department and had also kept the same in his saw mill without making its entries in the relevant register as was required under the Rules, It was on the basis of the aforesaid circumstances that the complaint was put up against the accused before the Sub -Divisional Judicial Magistrate, Sundernagar. The accused, after trial, was acquitted by the trial Magistrate.

(3.) The aforesaid order of acquittal has been assailed in the present appeal on various grounds.