RANGE OFFICER Vs. HANS RAJ

JUDGEMENT

(1.) This is a reference made by the learned Sessions Judge, Udhampur recommending the quashment of the order dated 04.9.1999, passed by the Judicial Magistrate, Chenani on miscellaneous application entitled Hans Raj Vs. Range Officer, Dudu . By the aforesaid order, the Judicial Magistrate has released deodar and kail timber measuring 407.99 cft. stated to have been seized from the house of Hans Raj.

(2.) The facts relevant for the disposal of this reference, shorn of details may be stated. The Range Officer, Mohd. Din Banday received an information that Hans Raj is in possession of forest produce (timber) and a raid was conducted by him alongwith staff and police officials of Police Station, Chenani in the premises of accused Hans Raj and seized the timber of different size from the possession of the accused detailed in para-2 of the complaint. Since the accused failed to produce any evidence in regard to the ownership of the timber, the same was seized by the Forest Department from his possession. When the enquiry was still being conducted by the Forest Department with regard to the timber and also ascertaining the claim of the accused that the said timber has been obtained by the father of the accused from the Forest Department for construction of his house, an application came to be initiated before the Judicial Magistrate, Chenani for the release of the timber. The Judicial Magistrate held the enquiry and thereafter released the timber in favour of the accused, Hans Raj. The Forest Department, aggrieved by the order passed by the Judicial Magistrate, Chenani in releasing the timber in favour of accused, Hans Raj, impugned its correctness before the learned Sessions, Judge, Udhampur in revision. The Learned Sessions Judge, Udhampur, however, found the order propounded by the Judicial Magistrate to be not in accordance with the, mandate of law and made a reference on 4.7.2001 for its quashment.

(3.) I have heard the learned counsel appearing for the respective parties, considered their rival contentions and perused the record meticulously.