STATE Vs. NARENDRA SINGH

JUDGEMENT

(1.) HEARD learned Public Prosecutor Brief facts of the case are that Parwat Singh, DSP, Police Station, Chittorgarh submitted a report on 4th May, 2000 stating therein that upon receipt of the information he intercepted truck No. RJO9/0/0060 and found that the truck was (carrying wet woods of Kher weighing 47 qt. and in the said truck accused persons Narendra Singh, Jagdish Chandra and Kishan Lal were sitting. Since the accused persons were not having the valid permit, therefore, the case was registered under Section 41-42 of the Forest Act.

(2.) THE prosecution produced as many as 10 witnesses and various documents. THE witnesses PW1 Ishwarlal, PW 2, Illiyas. PW 3, Kalulal, PW 4 Kishanlal, PW 5 Gopallal, PW 6 Uallal and PW 7 Bhanwar Singh were declared hostile. All these witnesses stated that no wood was seized from the accused persons. THE most important witness Parwat Singh, who conducted the raid himself was not produced by the prosecution. PW 5 Gopal Lal supported the case of the accused persons. THE trial Court found that even it has not been proved that whether the wood seized was wood of that Kher or not. In these circumstances, if the trial Court has acquitted the accused persons. I do not find that the trial court has committed any illegality. No case is made out for grant of leave. THErefore the leave to appeal application is dismissed. Appeal dismissed.