STATE OF H.P. Vs. JAI DYAL

JUDGEMENT

(1.) THIS case depicts gross callousness and negligence and in fact reflects the way in which the police authorities have virtually connived with the accused to thwart the efforts made by poor illiterate local villagers to protect their forest.

(2.) ON 18.12.1993 three ladies PW-5 Kamla Devi, PW-6 Jaram Devi and PW-7 Premi Devi who are members of the Mahila Mandal managed to stop a tractor, which was carrying 31 scants of illicitly felled timber. Four accused were travelling in the tractor in question. The driver of the truck was also present on the spot. The police was informed on 18.12.1993 itself and the FIR was lodged on the same date.

(3.) THE police for reasons best known to it neither seized the tractor nor arrayed the driver and owner of the tractor as accused under the provisions of the H.P. Forest Transit Rules, 1978 framed under the provisions of Sections 41 and 42 of the Indian Forest Act.