STATE OF HIMACHAL PRADESH Vs. ANUVIND SOOD

JUDGEMENT

(1.) All pending interlocutory application in this Regular Second Appeal will stand closed. By way of this appeal, State has challenged judgment passed by the Court of learned Judicial Magistrate 1st Class, Manali, in Criminal Case No. 90-1/03/5-III/03 dated 04.03.2006, vide which learned trial Court acquitted the accused for commission of offence punishable under sections 41 and 42 of Indian Forest Act. Whether reporters of Local Papers may be allowed to see the judgment?

(2.) Brief facts necessary for adjudication of the present appeal are that as per prosecution on the morning of 24.03.2003, at around 08.00 A.M., when a police party headed by SI Neel Chand was on Nakabandi as well as traffic duty at Baragran Bridge, it intercepted one vehicle bearing registration No. HP-58-0864, which was being driven by accused No. 1 Sohan Singh, in which co-accused Anuvind Sood was also sitting. When the said jeep was checked by the police, 20 wooden doors were recovered from the same. Accused Sohan Singh produced Bill No. 190 dated 23.03.2003 Ext. P-1 before the police party regarding 20 doors, value of which was disclosed as Rs. 36,000.00 which was issued by M/S Ranu Furniture House. However, the accused was transporting the said wooden doors without transport permit. These wooden doors were accordingly seized vide seizure memo Ext. PW1/A. During the course of investigation, spot map Ext. PW7/C was prepared. Ruka Ext. PW7/A was sent to Police Station on the basis of which FIR Ext. PW7/B was registered against the accused. In the course of investigation, statements of witnesses were recorded under Sec. 161 Cr. P.C., 1973

(3.) After completion of the investigation, challan was presented in the Court and as a prima facie case was found against the accused, notice of accusation was put to them for commission of offence punishable under section 41 and 42 of Indian Forest Act, to which they pleaded not guilty and claimed trial.