STATE OF BIHAR Vs. MD. YUNUS & ANR.

JUDGEMENT

(1.) Both appeals have been heard together as they are arisen out of the same judgment and are being disposed of by this common judgment.

(2.) The Government appeal under Sections 378(1) and (5) of the Code of Criminal Procedure has been filed by the State against the judgment of acquittal dated 20.7.1993 passed by the Judicial Magistrate, 1st Class, Khunti in Case No. 6 II C/ 88, whereby and where under the accused/ respondents were acquitted for the offences under Sections 41 and 42 of the Indian Forest Act and Sec. 20 of the Bihar Forest Produce (Regulation of Trade) Act, 1984.

(3.) Another appeal has been filed under Sec. 454 of the Code of Criminal Procedure against the order passed by the learned Magistrate that the timber seized from the appellants' Saw Mill and Godown is Government property and also directed the appellant No. 2 (Md. Yunus) to deposit a Bank Security Bond of Rs. 75,000.00within one month. Actually Criminal Appeal No. 130/2001 was preferred before the Judicial Commissioner, Ranchi being as Criminal Appeal No. 81 of 1993. In pursuance of order dated 22.7.1996, the said Criminal Appeal No. 81/93 was ordered to he transferred to this Court to he placed along with Government Appeal No. 2/1994 for disposal on the ground that both the appeals have arisen from the same judgment. Later on the said Criminal Appeal No. 81 of 1993 was numbered as Criminal Appeal No. 130/2001 in this Court.