D D SHARMA Vs. HARI PRASAD

JUDGEMENT

(1.) THE present revision application has been filed against the judgment dated 29.7.1988, passed by the Sessions Judge, West Champaran, Bettiah, in Criminal Appeal No. 42 of 1988 dismissing the appeal of the petitioner (Forest Department) against the order dated 30.3.1988, passed by the Judicial Magistrate, Bagaha, West Champaran, in Trial No. 920 of 1987. and 563 of 1988, releasing the cane baskets in favour of the O.Ps.

(2.) ON 29.8.1984, the Range Officer of Forest Madanpur Range came to know through reliable source that cane baskets have been booked for transportation from Bagaha Railway Station to Gorakhpur Railway Station. After making correspondence with the railway authority, he seized the bundles of baskets on 31.8.1984. In course of investigation it was found that on the basis of the forged papers showing Hari Prasad and Prabhu Nath Singh as consignor and Dwarika Das and Vishwanath Singh as consignees, 34 bundles of cane baskets were being sent to the consignees. It further transpired that no transit permit in respect of the aforesaid cane baskets was obtained under the relevant provisions of the Forest Act. It also transpired that the aforesaid cane baskets were booked by one Sheopujan Mahto who was arrested and sent to jail. On the basis of a report submitted by the Range Officer, Forest Madanpur Range to the Officer -in -charge, Bagaha a criminal case u/s 41, 42 and 52 of the Indian Forest Act was registered against Sheopujan Mahto who was acquitted by the trial court on 25.1.1988.

(3.) DURING the pendency of the trial, the aforesaid alleged consignors namely Hari Prasad and Prabhu Nath Singh filed an application for release of the cane baskets claiming the same to have been purchased by them. The learned Magistrate, by order dated 9.4.1985, ordered that the release matter would be considered after disposal of the trial. After disposal of the trial, the aforesaid two persons again prayed for release of the aforesaid cane baskets. The petitioner filed objection on 14.3.1988 stating that the cane being a forest produce, it cannot be transported without valid permit granted by the Forest authority under the law as such the game cannot be released in their favour. The learned Magistrate, by order dated 30.3.1988, released the aforesaid articles in favour of the opposite parries and the same has been upheld in appeal hence this revision application.