SANJEEV KUMAR AND ORS. Vs. STATE OF H.P.

JUDGEMENT

(1.) BOTH the Criminal Revision Petitions are arising from the same judgment passed by the Courts below hence taken up together for its decision.

(2.) PETITIONERS felt aggrieved by the judgment of the learned Sessions Judge passed in Criminal Appeal No. 8/2001 dated 20.11.2002 maintaining the conviction of the Petitioners and sentence of fine of Rs. 1000/ -, exonerating them from substantive sentence as ordered by the learned trial court for the offences punishable under Sections 41 and 42 of the Indian Forests Act for the violation of Rules 11 and 20 of the H.P. Forest Produces Transit (Land Routes), 1978, in short "Transit Rules" promulgated under the Forest Act, for allegedly transporting 211 khair wood logs, owned by Kashmir Singh. While disposing of the main case, the learned Judicial Magistrate vide order dated 17.2.2001, forfeited his security bond to the State of H.P. which was executed by him while seeking release of the khair wood on sapurdari. The convicts have challenged the judgment of conviction and sentence passed by courts below in Criminal Revision petition No. 23/2003 and Kashmir Singh also filed separate revision petition No. 30/2003 on the ground that he was condemned unheard.

(3.) IT is alleged that permit had expired during the intervening night of 20 -21.2.1998 at 12 hours but the Appellant Sanjeev Kumar and others kept on moving their truck and transporting the khair wood even thereafter. PW7 S.I. Kailash Walia heading a police patrol party on reaching near Khudpul Daulatpur Gagret road, intercepted truck aforesaid loaded with 211 khair logs. Petitioner Subhash Chand was on the driving wheel and Rumail Singh was cleaner with him and other accused were accompanying the consignment. On being asked, they produced permit document Ext. P -1 and P -2 along with Parcha Hamrahi Ext. P -3 which were in the name of Kashmir Singh. Khair wood was being taken to Deoli (Una). Since permit had already expired, there was no mention that khair wood in question could also be transported after sun set and before sun rise. Thus, the Petitioners committed the offence punishable under Sections 11 and 20 of the Transit Rules framed under Section 41 of the Indian Forest Act for which punishment is double than normal. Consequently, truck was seized. The khair wood was got unloaded and taken into possession. Later, truck was released to its owner and on the application of Kashmir Singh khair -wood was given on sapurdari to him, on executing the bond to the tune of Rs. two lacs.