RAM VILAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This present criminal misc. petition filed under Sec. 482 Cr.RC. is directed against the order dated 19.11.2001 passed by Judicial Magistrate 1st Class, Behror, District Alwar in FIR No. 195/2001 at Police Station Shahjahanpur, District Alwar for the offence under Sec. 41 and 42 Rajasthan Forest Act whereby the learned Judicial Magistrate 1st Class, Behror, Alwar dismissed the application filed by the petitioner under Sec. 451 Cr.RC.

(2.) Learned counsel for the petitioner submits that the petitioner having a valid licence for running a sawing machine and also having registration for business of sawing machine, on 7.11.2001, petitioner transported firewood 85 Qtl. for the cost of Rs. 6,800.00 and loading charges of the same was charged as Rs. 300.00 in Truck No. HR-47-4880. The Authority of Police Station Shahjahanpur seized the same truck and registered the FIR No. 195/2001 for the offence under Sec. 41 and 42 of Rajasthan Forest Act. Learned counsel for the petitioner has filed a copy of the notification dated 19.1.1991 whereby the wood of Sapheda, Su-babool, Hardu, Vilayti Babool, Isrealy Babool, Desi Babool and Shisham were exempted from transportation. Learned counsel further submits that he has written in para 4 of the petition that for offences of provisions of Forest Act, the Home Department has issued the instructions to the Director General of Police, Rajasthan Jaipur for not checking the vehicles by the police in Municipal Limits, vide letter dated 25.8.1986 and only the concerned department (Forest Department) will take action. It is further submitted that the petitioner is having a valid permit, but this fact was totally ignored by the trial Court and despite of the fact only observed that trial Court is unable to exempt the vehicle alongwith goods (wood) at this stage in view of the judgment of Honourable Supreme Court.

(3.) Both the counsel are agreed to dispose of the matter at this stage.