PANKAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has challenged the order dtd. 16/4/2008 passed by Smt. S. Rani, Judicial Magistrate-1st Class, East Champaran at Motihari in connection with Govt. Complaint Case No. OC 427/2003 whereby and where under petitioner has been summoned to face trial for an offence punishable under Ss. 5, 8, 9 and 13 of Bihar Saw Mill Regulation Act, 1990 as well as under sec. 41, 42, 61 of the Indian Forest Act (Amended as Bihar Amendment Act, 1989).

(2.) In order to appreciate the submissions having been at the end of the rival parties, bereft of unnecessary details, the salient features relating to the present episode is to be taken note of. It is evident that on 27/5/2003, the Forest Officer conducted a raid at the Saw Mill of the petitioner, found the Saw Mill in operation without license whereupon has been seized along with timber logs as per seizure list and for that, necessary information has been furnished before the Forest Officer whereupon, prosecution has been launched followed with the order of cognisance, subject matter of the instant petition.

(3.) It has been submitted at the end of learned counsel for the petitioner that the whole prosecution happens to be mala fide and ante-dated. In order to justify the same, drew attention toward the initial report which contains date 27/5/2003 seizure list (page no.11 of the brief) having dtd. 27/5/2003, Zimmanama dtd. 27/5/2003 (page no.12) the enquiry report (page no. 13), the order of the Ranger. All these documents did not contain signature of CJM/cognisance taking court with the date, the prosecution report (page no.9) which contains the date 5/6/2003 but, it has got signature of CJM dtd. 16/4/2008.