UMRAO SINGH Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2013-4-115
HIGH COURT OF UTTARAKHAND
Decided on April 15,2013

UMRAO SINGH Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) By way of present application / petition, moved under Section 482 of Cr.P.C., the applicant seeks to quash the summoning order dated 19.02.2013, passed by learned Judicial Magistrate, Purola, District Uttarkashi in criminal case no. 23 of 2013, State vs. Umrao Singh and others under Sections 26 and 41 of the Forest Act and under Sections 17,29, 25(6), 39, 51 and 52 of the Wild Life (Protection) Act, 1972. The applicant also seeks quashing of entire proceedings of criminal case no. 23 of 2013, State vs. Umrao Singh and others.
(2.) The allegation against the applicant and three others is that they were found in possession of 200 bags of prohibited herbs.
(3.) Learned counsel for the applicant drew attention of this Court towards letter dated 31st July 2012 issued by Head of Botany Division of Forest Research Institute, Dehradun, which letter was addressed to the Joint Director, Govind Wild Life Sanctuary and Govind National Park, Purola, Uttarkashi. The contents of said letter are reproduced here-in-below for ready reference: "1. One sealed sample of Kuth / Satwa sent to Director FRI, Dehradun for identification was opened by a Committee and on the basis of visual observations it seems to be Paris Polyphylla (Satwa). It is not Saussurea lappa (Kuth). 2. xxx xxx xxx";


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