MAST RAM TANTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) HEARD learned counsel for the parties and I have also gone through the record of the case.

(2.) IN order to properly appreciate and understand the contentions raised in this revision petition brief facts of this case need to be noticed.

(3.) PETITIONER was challenged under Sections 41 and 42 of the Indian Forest Act in the Court of Judicial Magistrate Ist Class, Theog for having contravened the provisions of permit whereby he was authorised to export timber from Pauta to Kotkhai. According to the prosecution he diverted some timber so as to cross Dhalli Check Post and thus did not adhere to the permit and thereby committed the aforesaid offence as well as under the provisions of H.P. Forest Produce Transit (Land Route) Rules, 1978. He pleaded guilty to this accusation. Petitioner was convicted and sentenced to pay fine of Rs. 500/ -. This matter was taken up by this Court in suo motu revision and was registered as Cr. Rev. 56/82. During the pendency of this criminal revision matter was thoroughly looked into by the Court and vide its judgment dated 13th January, 1983 the case was remanded back for re -trial and was transferred from the Court of Judicial Magistrate Ist Class, Theog to the Court of Chief Judicial Magistrate, Shimla.