MAST RAM TANTA Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1997-11-28
HIGH COURT OF HIMACHAL PRADESH
Decided on November 05,1997

Mast Ram Tanta Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

ARUN KUMAR GOEL, J. - (1.)HEARD learned counsel for the parties and I have also gone through the record of the case.
(2.)IN order to properly appreciate and understand the contentions raised in this revision petition brief facts of this case need to be noticed.
(3.)PETITIONER was challenged under Sections 41 and 42 of the Indian Forest Act in the Court of Judicial Magistrate Ist Class, Theog for having contravened the provisions of permit whereby he was authorised to export timber from Pauta to Kotkhai. According to the prosecution he diverted some timber so as to cross Dhalli Check Post and thus did not adhere to the permit and thereby committed the aforesaid offence as well as under the provisions of H.P. Forest Produce Transit (Land Route) Rules, 1978. He pleaded guilty to this accusation. Petitioner was convicted and sentenced to pay fine of Rs. 500/ -. This matter was taken up by this Court in suo motu revision and was registered as Cr. Rev. 56/82. During the pendency of this criminal revision matter was thoroughly looked into by the Court and vide its judgment dated 13th January, 1983 the case was remanded back for re -trial and was transferred from the Court of Judicial Magistrate Ist Class, Theog to the Court of Chief Judicial Magistrate, Shimla.
Petitioner feeling dissatisfied with Cr. Rev. 56/82 preferred Cr. Appeal 225/83 which was finally taken up for hearing by the Hon'ble Apex Court and following order was passed : - "The impugned order being one of remand we are not inclined to exercise our powers under Article 136 of the Constitution, to interfere with the same. We, however, make it clear that none of the observations made by the High Court in the impugned order should be treated as any expression of opinion on the merits of the case of the appellant herein. Since the matter is long pending, we direct the learned Magistrate to conclude the trial as expeditiously as possible, preferably within a period of six months from the date of communication of this order. With the above observations and directions we dismiss this appeal."



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