FIRM MAA KAMAKHAYA INDUSTRIES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Public Prosecutor for the State.

(2.) It is alleged that on 08.12.2010 police recovered 80 Qtls. Of Green woods, while being transported by one Heera Lal, after cutting it without permission, against which FIR No.505/2010 was registered at Police Station Rawatsar, District Hanumangarh for the offence under section 41 and 42 of Forest Act and investigation commenced.

(3.) It was alleged that the petitioner Industry had purchased the aforesaid woods through bills dated 07.12.2010 from M/s Chhotu Ram Shyam Sunder, Mirzapur Road, Delhi By pass, Hissar (Haryana) bearing No.4505. It was further alleged that the recovered woods were firewood and the petitioner is the owner of the recovered woods. The owner of the petitioner- Industry, being a lady, she executed a power of attorney in favour of one Shanker Goyal, for taking the recovered woods on supurdginama, who preferred an application before the court below, but the same was dismissed vide order dated 21.12.2010. Against the aforesaid order, the petitioner preferred a revision petition before the revisional court , which was dismissed by the revisional court, vide its order dated 02.02.2011 confirming the order dated 21.12.2010 passed by the court below holding that there is no relaxation for transportation of Eucalyptus woods in Rawatsar Tehsil, District Hanumangarh, under the provisions of Rajasthan Forest Produce Transit Rules, 1957. Being aggrieved by the aforesaid orders, the petitioner has preferred this Criminal Misc. Petition.