STATE OF HIMACHAL PRADESH Vs. VINOD KUMAR
LAWS(HPH)-1997-1-4
HIGH COURT OF HIMACHAL PRADESH
Decided on January 02,1997

STATE OF HIMACHAL PRADESH Appellant
VERSUS
VINOD KUMAR Respondents

JUDGEMENT

- (1.)This appeal is directed against the acquittal of Vinod Kumar, respondent by the Court of Sh. Ashwani Kumar Sharma, Judicial Magistrate, 1st Class, Court No. 1, Mandi for alleged offences under Ss. 41, 42 of the Indian Forest Act read with Rule 4 of H. P. Forest Produce Transit Rules, 1982.
(2.)The prosecution case against the respondent is that on 23-7-1989 when A.S.I. Krishan Lal along with Head Constable S/Sh. Bal Banka Ram and Kashmir Singh was on checking duty at Hanogi on Mandi-Kullu National High Way along with Man Singh, witness at about 10-45 p.m. At that time a taxi bearing registration No. HPY-1218 came from Kullu side. It was stopped at the checking point by the police party and was checked by them. Underneath the back seat of the vehicle 14 logs (nugs) of Deodar timber were recovered. The taxi driver could not produce any document pertaining to the transit of the timber. His name was Vinod Kumar, and on his failure to produce any relevant document pertaining to the transit of timber, a ruka was sent to Police Station, Aut for the registration of case. Therefore, the police party carried further investigation of the case during the course of which the vehicle Taxi No. HPY-1218 along with documents was taken into custody and the timber found therein thus seized was subsequently handed over on Spurdari to Puran Chand, Forest Guard. The police party also prepared recovery note and the Spurdari note and the site plan has also been drawn up. Later, during the investigation, they recorded the statements of witnesses under S. 161, Cr. P.C. and a prima facie case having been found against the respondent for the offences under Ss. 41 and 42 of Indian Forest Act read with Rule 4 of H. P. Timber Produce Transit Rules, 1982, Challan was presented before the Court after completing the investigation for the trial of Vinod Kumar.
(3.)Copies of the challan and other relevant documents were supplied to the accused and after hearing the State counsel as well as the learned defence counsel, the trial Court found that a prima facie case has been made out against respondent Vinod Kumar for the offences under Ss. 41 and 42 of Indian Forest Act read with Rule 4 of H.P. Forest Produce Transit Rules, 1982. After completing the formalities as required at the time of framing the charge, the same was read over and explained to him to which he pleaded not guilty and claimed to be tried.


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