STATE OF BIHAR Vs. MUNESHWAR LAL

JUDGEMENT

(1.) HEARD. No one appeared on behalf of the respondent. Learned counsel for the appellant is present.

(2.) THIS Government Appeal is directed against the order and judgment dated 15th November, 1995 in Forest Case No. 14/91 Trial No. 118/985 passed by Vinay Kumar Sinha, Judicial Magistrate Ist Class, Gaya, by which the accused-respondent has been acquitted of the under Section 42 of the Indian Forest Act, 1927 and under Section 20 of the Bihar Forest Produce (Trade and Regulation) Act, 1984.

(3.) LEARNED counsel for the State however, challenged the order of acquittal on the ground that according to Section 12 (1) of the Bihar Forest Produce (Regulation of Trade) Act, 1984 no person shall engage himself in retail sale of a specified forest produce except under a licence granted under this Section. LEARNED counsel for the State has further stated that there was violation of Section 5 and 12 of the Bihar Forest Produce (Regulation of Trade) Act, 1984 as katha has been recovered from the shop of the respondent.