STATE OF HIMACHAL PRADESH Vs. SURINDER LAL SOOD

JUDGEMENT

(1.) By this appeal, the State challenges the order of acquittal by Judicial Magistrate, 1st Class (II), Shimla, in case- No. 118/1 of 1983 decided on 30/10/1985 for offences under Sections 41 and 42 bf the Indian Forest Act, 1927 read with rule 11 of the Himachal Pradesh Forest Produce Transit (Land Routes) Rules, 1978.

(2.) The facts, briefly stated, are that truck No. H.P.S.-5639 while coming from Shogi to Shimla was found at Police Barrier Boileauganj, Shimla. It was loaded with timber-68 scants of Deodar, out of which 14 scants having Khudan mark of S.Z. and on one property mark B.D.T and two scants were without any mark and 51 scants having Khudan mark VT and property mark V.T., 58 scants, out of which over one scant there was Khudan mark 'S.L.' and three scants with Khudan mark AX. and over 53 scants Khudan Mark VT and one scant over which property mark V.D.T and two golas without any mark, which were taken into possession by the police, The accused were challenged under the aforesaid provisions and the trying Magistrate acquitted all of them vide the impugned judgment. The State, therefore, assails this judgment.

(3.) It is contended by Shri M.S. Guleria, learned Assistant Advocate General, that the trial court did not minutely examine permit Ext. P. W. 6/B and erred in holding that the accused was carrying timber under a valid permit. This permit, Shri Guleria alleges, is in the name of one Shri Gian Singh, Contractor of Balson, and the forest produce regarding which export permit was issued was to be exported from Badhal to Shimla and outside Himachal Pradesh. The timber in question was being carried from Shogi to Shimla which required a pass for that purpose. The accused having failed to produce the permit when checked at the Barrier, acted in violation of Sections 41 and 42 of the Indian Forest Act read with Rule 11 of the Himachal Pradesh Produce Transit (Land Routes) Rules, 1978.