STATE OF H.P. Vs. PREM CHAND

JUDGEMENT

(1.) THIS appeal under Section 378 of the Code of Criminal Procedure is directed against the judgment of Chief Judicial Magistrate, Kinnaur in Criminal case No. 60-3/of 1996 decided on 22.9.1998 whereby he has acquitted the accused of having committed offences under Section 41 and 42 of the Indian Forest Act.

(2.) THE prosecution case in brief is that the Forest Department on the basis of the prior information regarding illicit transportation of timber had started patrolling near Nichar. This party was led by D.F.O.Nichar. There, they found some timber loaded in one truck belonging to the HP.SEB. They waited for a little while and when the truck started moving and had moved about 30 meters, the same was intercepted and apprehended. According to the forest officials, accused Puran Chand, Junior Engineer in HPSEB, Babhanagar and Dile Chand driver of the truck were travelling in the truck. They recovered 60 scants of Deodar from the truck. The size of 48 scants was 10' x 4" x 1-1/2" and 12 scants were 10' x 6" x 1-1/2". According to the forest officials, the timber was covered by a tarpaulin. It is further alleged that the DFO Nichar asked the Junior Engineer and driver to take the vehicle to the office of D.F.O. Nichar. They refused to do so. He then informed the police and it is alleged that the police came at night about 8 p.m. but in the meantime the driver and the junior engineer ran away from the spot. The investigation was done and after the same was completed, charge - sheet was filed in the Court. The accused were charged with having committed offences under Section 41/42 of the Indian Forest Act.

(3.) PW 7 is Ghanshyam Dass Negi, Range Officer, Nichar. He states that when he reached near the Saw Mill of Devta Maheshwar Mandir at Sungra, they found truck No.HPR-7006 parked at a distance of 25- 30 meters from the saw mill and 71 scants were loaded in this vehicle. He further states that when the driver was asked to produce the permit, he stated that the J.E. is responsible. According to this witness, the conductor of the truck was also present. He further stated that despite his request, the truck was not taken to the office of DFO Nichar. Lateron Puran Chand and the driver ran away from the spot. He thereafter lodged the complaint the next day on 17.5.1996. PW1 Rattan Chand was also a member of the patrolling party. He also states that when the truck was seized, Puran Chand, JE, one conductor and driver Dile Chand were in the truck and could not produce any permit with regard to the timber. He states that thereafter they locked the truck and ran away. In cross-examination, he admits that when the vehicle was being checked, they had called the Pradhan of Sungra village. He also admits that there were many other persons present at the spot including the workers of the saw mill. He could not admit or deny the fact whether the timber in question belonged to Shiam Sukh. He however, denied the suggestion that Shiam Sukh had come to the spot and produced the permit ExD1.