STATE OF HIMACHAL PRADESH Vs. KISHORI LAL

JUDGEMENT

(1.) THIS is an appeal filed by the appellant/State of H.P. against the judgment of acquittal, dated 19.5.1999, passed by the learned Judicial Magistrate Ist Class, Dharamshala, in case under Section 41, 42 of the Indian Forest Act.

(2.) BRIEFLY stated the facts of the case are that on 29.12.1993, the police officials were on nakabandi and at about 1.30 p.m., they intercepted two trucks bearing Nos.HID-6027 and HID-6127, which came from Palampur side and these were stopped by the police officials and the Dy.S.P. demanded the documents of 1. Whether reporters of Local papers may be allowed to see the judgment? Yes. these trucks in which the owner of the truck was transporting Tejpatra. The owner of the truck, namely, Kishori Lal, respondent produced the export permit dated 28.12.1993 valid upto 10.1.1994 for 35 quintals from Lower Chotra to Amritsar and the permit was issued by DFO, Joginder Nagar. The permit was for the export of 35 quintals of Tejpatra and the police became suspicious that the quantity of the Tejpatra may be more and the trucks were taken to the Flour Mill where these were weighed. The total produce in both the trucks was found to be 60.25 quintals which was excessive by 25.25 quintals since the permit was for export of 35 quintals of Tejpatra only. The ruka was sent to the police. The FIR was registered and case was investigated. After investigation, the challan was filed against both the respondents and one Shri Gian Chand (since dead) for offences punishable under Sections 41 and 42 of the Indian Forest Act. The learned Trial Court tried the respondents and Gian Chand (since dead) and the trial resulted in the acquittal of all the three accused persons.

(3.) THE submissions made by the learned Additional Advocate General were that since the Tejpatra was found in excess by 25.25 quintals after deducting the weight of the empty trucks and as such the prosecution had proved its case, but the learned Trial Court disbelieved the prosecution story, which findings can be said to be perverse and as such they are liable to be reversed.