STATE Vs. VALIKHAN

JUDGEMENT

(1.) The State has preferred this miscellaneous petition against the judgment dated 19th Mar.,'83, by which, the Judicial Magistrate No.3, Jodhpur has acquitted the non-petitioners of the offence u/s. 42/77 of the Rajasthan Forests Act.

(2.) The non-petitioners were prosecuted for contravening the provisions of S. 42/77 of the said Act. It was alleged that they were bringing forest-wood which they had cut without obtaining a valid licence from the authority concerned. The learned Magistrate did not find that the wood which was recovered from the possession of the non-petitioners, was forest wood. It was Khejri and Babool Wood which is used for fire. Desi Babool Wood can also be used for preparing furniture, and can be covered by the definition of "timber", but it has to be proved by the prosecution that the wood which was seized from the non-petitioners in this case, was cut from the forest and that it was forest-wood. From the judgment of the trial court, it is found that the wood was being brought in a truck, and it was seized in the way.

(3.) In this case, it has not been proved that the wood seized from the non-petitioners, was forest-wood or that it was timber covered under the provisions of the Rajasthan Forest Act.