D.N.PRASAD, J. - (1.) BOTH appeals have been heard together as they are arisen out of the same Judgment and are being disposed of by this common Judgment.
(2.) THE Govt. Appeal under Section 378(1) and (5) of the Code of Criminal Procedure has been filed by the State against the judgment of acquittal dated 20.7.1993 passed by the Judicial Magistrate. 1st Class, 1st Class, Khunti in Case No. 6 II C/88, whereby and whereunder the accused/respondents were acquitted for the offences under Sections 41 and 42 of the Indian Forest Act and Section 20 of the Bihar Forest Produce (Regulation of Trade) Act. 1984. Another appeal has been filed under Section 454 of the Code of Criminal Procedure against the order passed by the learned Magistrate that the timber seized from the appellants Saw Mill and Godown is Government property and also directed the appellant No. 2 (Md. Yunus) to deposit a bank security bond of Rs. 75.000/ - within one month. Actually Cr. Appeal No. 130/2001 was preferred before the Judicial Commissioner. Ranch) being as Cr. Appeal No. 81 of 1993. In pursuance of Order dated 22.7.1976, the said Cr. Appeal No. 81/93 was ordered to be transferred to this Court to be placed alongwith Government Appeal No.2/1994 for disposal on the ground that both the appeals have arisen from the same judgment. Later on the said Cr. Appeal No. 81 of 1993 was numbered as Cr. Appeal No. 130/2001 in this Court.
(3.) THE case of the prosecution in brief as stated ACF Khunti range received a confidential report on 6.7.1988 that saw mill is running in the name of Bihar Timber without licence and the forest produce have been kept there illegally. On the basis of which he inspected the premises of said Mill on the same day and found there woods which do not bear the Govt. Hammer Mark and thereafter a notice was served upon to Md. Islam, the father of the proprietor for producing docu - ment in respect of said forest produce in the office. But, the proprietor neither produced any licence for the Mill nor any documents in respect of the said forest produce rather they made an application and prayed for time to produce the documents. On 10.7.1988, the clerk of the Mill produced for transportation permit bearing Nos. 5605, 3383, 3384 and 3385 but he did not produce any licence issued from the Forest Department for the said Mill. On 11.7.1998 the said Mill was found to be closed. On the next day again the Informant inspected the Mill and he seized wood of which there was no any passing hammer mark i.e. 936 pieces of Sal Balli 63 pieces of Sal Bota, 243 pieces of Sal Chiron, 550 pieces of Auxikhet Bota and 83 pieces of Gamhar Bota. The said wood was brought to Khunti Forest Office. Accordingly, seizure list was prepared and the FIR was lodged.;