LAWS(PAT)-1976-5-11

SANTOKHI RANA Vs. STATE

Decided On May 03, 1976
SANTOKHI RANA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioners, namely, Santokhi Rana, Saheb Rana and Wali Ram alias Wali Rana have each been convicted under Section 33 of the Indian Forest Act, 1927 (hereinafter referred to as 'the Act') and sentenced to pay a fine of Rs. 25.00 and in default thereof to undergo simple imprisonment for one month, by Shri Ganga Sagar Thakur, Magistrate, first Class, Jamui, by his order dated 5.9.73.

(2.) The allegations against the petitioners were that while the, Forest Guard of Jamui Protected Forest was on his rounds, he noticed the petitioners breaking up the land of the forest illegally. He submitted a report to the Forester who held a local inquiry and found that an area of 0.44 acre out of the forest plot No. 1507 had been ploughed up. Thereafter a complaint was filed against the petitioners alleging commission of an offence under Section 33 of the Act and the petitioners were put on trial with the result already mentioned.

(3.) It is contended by learned Counsel for the petitioners that the conviction is bad in as much as it has not been legally proved that a notification as required by Section 29 of the Act had been published in the Official Gazette applying the provisions of Chapter IV of the Act which contains Section 29 to 34 applicable to the forest land in question and that no notice at all under Section 30 of the Act has been published in the official gazette and as such the petitioners could not have been convicted for having committed ah offence under Clause (c) of Sub-section (1) of Section 33 of the Act. It is further contended that the defence of the petitioners that the land had been settled with them prior to the alleged issue of the notification under Section 29 of the Act, in support of which they had examined witnesses and produced documents, had not been considered by the learned Magistrate with the result that miscarriage of Justice has occurred.