STATE OF BIHAR Vs. MOTI LAL AGRAWAL

JUDGEMENT

(1.) THIS is an Appeal against the judgment dated 2.4.1994 passed by the Judicial Magistrate, 1st class, Gaya in Forest Case No. 117 of 1991 Trial No. 146 of 1994, by which he acquitted the accused persons of the charges Under Section 41 of the Indian Forest Act and Sections 5 and 12 of the Bihar Forest Produce (Regulation of Trade) Act, 1984.

(2.) THE case of the prosecution, in short, is that on 13.7.1990 the factory of one Gopal Katha was inspected and some illegal khair wood was lying in the factory, for which no valid paper was produced by the staff present there.

(3.) THE Trial Magistrate had acquitted the accused persons on the ground that non -production of the transit permit at the time of inspection of the factory before the Range Officer was not a requirement in law and he had not checked the registers of the factory to verify that the khair wood lying in the premises was not explained in the book of record maintained by the factory. Further the court was of the view that no offence Under Section 12 of the Bihar Forest Produce (Regulation of Trade) Act, 1984 was made out, since it was not the case of the prosecution that the accused persons were engaged in retail sale of forest produce without obtaining licence from the Forest Department.