INTEKHAB KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mokhtar Khan, learned counsel for the petitioner and Mr. Ram Prakash Singh, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 23.04.2001 passed by the learned IVth Additional Judicial Commissioner, Ranchi in Cr. Appeal no. 135 of 2000 whereby and where under the judgment and order of conviction and sentence dated 16.09.2000 passed by the learned Judicial Magistrate, 1st Class, Ranchi in Forest Case No. 2 of 1998 convicting the petitioner for the offences punishable u/s 42 of the Indian Forest Act and Section 20 of the Forest Produce (Regulation of Trade) Act 1984 and sentencing him to undergo R.I. for 3 months and a fine of Rs. 500/- on each count has been affirmed.

(3.) It has been submitted by the learned counsel for the petitioner that the petitioner is neither the owner of the seized wood nor is the owner of the vehicle in question. Learned counsel for the petitioner submits that none of the prosecution witnesses have supported the presence of the petitioner in the place of occurrence. It has been submitted that the timber in question was released in favour of one Mokhtarul Hassan who had claimed the same and had the supporting documents with respect to such claim. Learned counsel for the petitioner further submits that the petitioner has been implicated only on account of the previous enmity of P.W.1 with the father of the petitioner namely Md. Abbas Khan.