STATE OF HIMACHAL PRADESH Vs. BASANT SINGH

JUDGEMENT

(1.) The present appeal is against the order of acquittal passed by Sub -Divisional Judicial Magistrate, Theog, in case No, 12/1 of 1983 decided on 31 -12 -1985 ; F. I. R. No. 138/82, P. S. Theog, under sections 41 and 42 of the Indian Forest Act read with section 406 of the Indian Penal Code.

(2.) The facts, in brief, are that on 9 -6 -1982, Forest officials headed by Shri R. K. Sharma, Range Officer, found 230 scants of Deodar and Kail stacked at Narail. These scants bore the property mark BSC which was allotted and registered in the name of the accused. These scants were seized and handed over on sapurdari to the accused. The case was investigated and it was found that the timber actually belonged to the accused who had transported the same from Bharana Beat where his private sale work was going on.

(3.) Further, on information, Assistant Sub -Inspector of Police, Shri Devinder Dutt, got secret information that the accused had transported some timber out of the scants in question through truck No. HPS -4207 owned by one Shri Amar Singh during the night of 24/25 -8 -1982. It was also found that out of the total timber, 146 scants were found missing from the place at Narail which were in the Sapurdari of the accused. The timber was transported through Yaswant Nagar Check -Post. On completion of investigation, a challan under sections 41 and 42 of the Indian Forest Act and under section 406 of the Indian Penal Code was filed which ended in the acquittal of the accused under all the sections.