STATE Vs. GANI MOHAMMAD

JUDGEMENT

(1.) This is an appeal by the State of Rajasthan under S.377 of the Cr. P.C. and is directed against the judgement of the Additional Chief Judicial Magistrate, Balotra dt. Aug. 22, 1986 directing that the respondent Gani Mohammad be released on probation on his furnishing a personal bond in the sum of Rs. 1000/- to maintain peace and be of good behaviour for a period of one year under S.4(1) of the Probation of Offender's Act, 1958 instead of sentencing him despite holding him guilty for the offence under Ss.26-A, 41 and 42 of the Rajasthan Forest Act.

(2.) Facts in brief are that the Regional Forest Officer, Balotra filed a criminal complaint for offence under Ss.26A, 41 and 42 of the Rajasthan Forest Act against the respondent with the averments that while checking on July 2, 1985 at 4.00 a.m., he found one Nissan Truck bearing registration No. RJC 1463 loaded with 25 quintals wet and dry wood which was found to have been taken and loaded from the reserved forest area without permit or transit pass. On Aug. 22, 1986, the respondent filed an application, pleading guilty to the charges framed against him for the said offences. The Additional Chief Judicial Magistrate, Balotra, therefore, held the respondent guilty for the above charges, but instead of sentencing him, released him on probation under S.4(1) of the Probation of Offender's Act, 1958 as aforesaid.

(3.) It was urged by Mr. S.K. Mathur, learned Public Prosecutor that the offence was punishable with six months imprisonment and fine, but the Additional Chief Judicial Magistrate neither passed a sentence of the imprisonment against nor even imposed a fine upon the respondent. It was prayed that the respondent may adequately be punished by this Court.