STATE OF H P Vs. DHANWANT SINGH

JUDGEMENT

(1.) The State of Himachal Pradesh has directed the present petition for revision under Sections 397, 401 read with Section 482 of the Code of Criminal Procedure against the judgment dated 13-12-1993 of the learned Additional Sessions Judge, Solan Camp at Nalagarh passed in appeal under Sec. 59(2) of the Indian Forest Act, 1927 as amended by the Indian Forest (Himachal Pradesh Second Amendment) Act, 1991.

(2.) Briefly stated the facts of the present case are these. The Station House Officer, Nalagarh on 12- 10-1992 intercepted truck bearing NO. H1A6947 at about 7.45 AM near the sale depot of Himachal Pradesh Forest Corporation on Nalagarh Ram Shehar road. On a search having been Carried out, 252 tins of resin were found being transported in the said truck. One hundred eighty six tins of resin bore the mark MR-92T while 56 tins bore the mark TTXTT. One Mastram, who was travelling in the truck claimed the said tins of resin belonged to him. On being required to produce the necessary export permit with regard to the said tins of resin, he failed to do so. Consequently, 252 tins of resin alongwith the truck HIA 6947 were seized and taken into possession. Since a forest offence was believed to have been committed in respect of252 tins of resin being the property of the State government the Station House Officer, Police Station, Nalagarh submitted a report to the authorised officer (Divisional Forest Officer, Nalagarh.

(3.) On the report having been submitted to him with regard to the commission of the forest offence the authorised officer issued notices to Mastram, who claimed to be the owner of the resin, Harcharan Singh and Dhanwant Singh the driver and owner respectively, of the truck HIA 6947 to show cause as to why the seized resin and truck be not confiscated.