STATE OF H.P. Vs. BHAGAT SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the appellant/State of H.P. against the judgment of acquittal passed by the Special Judge, Shimla, dated 22.3.1999 in Corruption Case No. 7-S/7 of 1997/1995. By the said judgment, the learned Special Judge acquitted respondents Hari Dass, Inder Sain, Joginder Singh, Som Parkash Kohli and Ashwani Kumar Sarna of the charge under Section 120-B read with Section 218 of the Indian Penal Code, Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Rules 18 & 20 of the H.P. Forest Produce Transit (Land Routes) Rules, 1978 and Section 218 I.P.C. read with Section 42 of the Indian Forest Act. Accused Bhagat Singh was acquitted of the charge framed 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. against him under Section 120-B read with Section 218,379 I.P.C., Section 13(1)(d) of the Prevention of Corruption Act and Rules 11(1) and 20 of the H.P. Forest Produce Transit (Land Routes) Rules read with Section 42 of the Indian Forest Act.

(2.) BRIEFLY stated the facts of the case are that during the course of investigation of case F.I.R. No. 18 of 1984, of Enforcement Department of H.P., South Zone, Shimla, it came to light that against permit No. 25/82-83, dated 24.4.1982 issued by Divisional Forest Officer, Rohru, valid upto 31.5.1982, 128 scants of Deodar and Kail had been exported in excess of the number of scants permitted to be exported through the said permit. An inquiry was conducted and a case was registered vide F.R. No. 69 of 1985 and it was found that some residents of village Arhal had submitted applications to the Divisional Forest Officer for permission to fell trees standing on their private land which applications were allowed by the Divisional Forest Officer after seeking reports from Range Officer, Tikkar and after getting the land demarcated and trees marked thereafter from Block Officer. Accused Joginder Singh was the Range Officer at the relevant time who got the land demarcated from Shobha Ram, Field Kanungo and Shobha Ram had died during the pendency of the case. Accused Hari Dass was posted as Deputy Range Officer-cum-Block Officer Forest who had marked the trees standing on the private land demarcated by Shobha Ram, deceased and accused Joginder Singh had given a certificate that no tree had been marked on Government land and that all the trees stood on the private land for which the applications were filed by the land owners. However, it was found that the permission was accorded in favour of M/s Kali Timber Arhal and accused Bhagat Singh was one of its proprietor, but some trees were marked from Government land and some from the land which was not demarcated or mentioned in the applications. It was found that against the permit for export of scants numbering 2227, 2355 scants of kail and deodar were transported. He exported 128 scants in excess of the quantity mentioned in the permit. Not only this, two consignments, one of 161 scants and another of 165 scants were exported beyond the date of permit upto 30.5.1982, which were exported on 6.6.1982. Hence, the accused persons were charge sheeted after the challan was filed against them under these provisions.

(3.) I have heard Mr. Ashutosh Burathoki, learned Additional Advocate General, for the appellant and Mr. Ajay Kochar, Advocate, for respondents No. 1,2 and 4 to 6.