judgements on forest cases
Urjit Shukla
(Querist) 31 December 2010
This query is : Resolved
Plz help me to know some latest judjments on forest cases. may I know any websits for that and any sitations you have.
Arvind Singh Chauhan
(Expert) 31 December 2010
SOME OF THESE ARE AS BELOW-
SEC-26
Mere possession of forest produce is no offence, Some material to believe that forest produce has been removed from specific forest must be present-ALL-A.L.J.-1990-Part-1-page-16., Cr.L.J.-1990-87.
Accused charged with smuggling of khair wood from reserve forest- No report lodged by forest department regarding theft of seized wood- No enquiry having made by I.O. in respect of said wood from forest department- No notification have been issued by forest department that said wood was stolen from reserve forest- one accused escaped despite number of police personal with fire arm in spot- as per statement of one witness seized wood was measured till 1 pm on the day of incident while FIR shown to have been prepared at 11 am on the same day in which quantity of wood shown- enquiry about owner of truck not having made- No public witness in the process though incident alleged to have taken place near Abadi area of a village- All above factor creates doubt in prosecution- Acquittal- UTT-NCC-2009-405.
SEC-54 & 69 FOREST ACT AND &SEC 457 Cr.P.C.
457 is not inconsistent of Sec 54 forest Act, Thus under Sec 457 Cr.P.C magistrate has power to pass order relating to interim custody even with respect to forest produce- Property belonging to firm, seized from possession of one partner- Interim custody granted to another partner not invalid- ALL-A.L.J.-1990-Part-1-page-16.
