RATTAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, Rattan Chand, challenges his conviction by the Courts below through this Revision Petition in a case under sections 41 and 42 of the Indian Forest Act. He has been sentenced to suffer simple imprisonment for a period of two months and the timber has been forfeited to the State.

(2.) The grievance, in the present petition, pertains to the conviction only and no claim relating to the timber has been made since the petitioner has not, at any stage of the trial, claimed the same to be his own. Accordingly, the whole thrust of Shri S.S. Kanwar, who appears for the petitioner, is confined to the conviction recorded by the trial court and maintained by the appellate court.

(3.) The necessary facts, for the decision of this case, are that a police party comprising of Ram Lal, Inspector, Enforcement, North Zone, Dharamshala, and other police officials, while travelling in a jeep on their way from Dharamshala to Una on 5 -7 -1982, at about 6 p. m. while passing through the Bazar of Amb Town, intercepted a truck, No. HPK -8037. It was carrying logs of pine (chil). The driver, Alafdin, and the appellant were found in the truck. On asking, they failed to produce the relevant documents permitting transportation of the timber. Consequently, the vehicle was taken to Gagret. The timber was unloaded and given on sapurdari to Bakhshish Singh, Forest Guard (P.W. 2).