KALYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is preferred against the judgment of the Sessions Judge, Bundi dated 24th June, 1978 by which he dismissed the appeal of the petitioner and convicted him under Section 77 of the Rajasthan Forest Act (here in after to be called as the Act'), and sentenced him to a fine of Rs. 500/ - and in default of payment of fine, to undergo 1 month's imprisonment.

(2.) THE petitioner was prosecuted in the court of Judicial Magistrate No. 2, Bundi, for contravening sub -rules (i), (ii) and (iii) of Rule -9 of the Rajasthan Forest (Produce Transit) Rules, 1957 (here in after to be called as 'the Rules'). The learned Magistrate after trial, found the petition of guilty of contravening the rules which was punishable under Section 42 of the Act. He sentenced the petitioner to 2 months' RI and a fine of Rs. 200/ -, and in default of payment of fine, to further undergo 1 month's RI. The petitioner then preferred an appeal before the Sessions Judge Bundi, who held that the petitioner was found guilty of contravening the rules, but, he could not be punished under Section 42 of the Act. But he punished him under Section 77 of the Act. The learned Sessions Judge reduced the sentence and punished him with a fine of Rs. 500/ -. In default of payment of fine he was to undergo 1 month's simple imprisonment.

(3.) I have considered this argument, and do not agree with the learned Counsel. From the judgment of the learned Sessions Judge, I find that similar objections were also raised by the counsel for the petitioner before him, and he conceded that the case should not be remanded for trial on this ground. The counsel there requested the court to dispose of the appeal and pass sentence as provided under Section 77 of the Act. So, before the learned Sessions Judge, this point was conceded by the learned connsel for the petitioner. On this confession, the learned Sessions Judge passed the sentence under Section 77 of the Act. I have given my thoughful consideration to this argument. Section 41 of the Act empowers the State Government to make rules to regulate the transit of forest produce. The Rules of 1957 have been framed under Section 41 of the Act, which becomes clear from a bare reading of the rules. Sub -rules (i),(ii) and (iii) of Rule 9 read as under: