STATE OF H.P. Vs. HEM CHAND

JUDGEMENT

(1.) The instant appeal, stands, directed by the State, against, the pronouncement made by the learned Addl. Chief Judicial Magistrate, Mandi, H.P., upon, Criminal Case No. 77-III/2006, whereunder, the accused/respondent herein stood acquitted.

(2.) The allegations of the prosecution against the accused are that during the intervening night of 28.10.20006 and 29/10/2006, at about 2.45 a.m., at place Kamand, the accused was found transporting 34 Karians of Deodar Wood in Maruti Van bearing registration NO. HP-33-7168 without any licence and permit. The accused was apprehended by the police party while it had laid Naka on the spot. The Investigating Officer has taken into possession 34 Karians of Deodar Wood along with afore Maruti Van in presence of HC Rajiv Kumar and HC Tulsi Ram. The investigating Officer has sent Ruqua Ex.PW4/A to the police station concerned, on the basis of which FIR Ex.PW4/B was registered in police station Sadar Mandi.Thereafter, the investigating officer completed all the codal formalities.

(3.) On conclusion of the investigations, into the offences, allegedly committed by the accused, a report, under Sec. 173 of the Code of Criminal Procedure, was prepared, and, filed before the learned trial Court.