CourtKutchehry.com
High CourtsSingle Bench

State of Himachal Pradesh vs Mehar Din and Another

High Court Of Himachal Pradesh · Decided on 20 June 1989 · Citation: (1989) 2 ILR HP 1335

HON’BLE JUDGES
V.K. Mehrotra, J
ACTS & SECTIONS REFERRED
Forest Act, 1927 — Section 41, 42 · Himachal Pradesh Forest Produce Transit (Land Routes) Rules, 1978 — Rule 12, 20
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 76 of 1986
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

5 paragraphs · 364 words

V.K. Mehrotra, J.—A truck, bearing registration No. HPS-3790, loaded with timber was checked by a police party at Check Post, Dhalli, in Shimla on June 21, 1980. It was found that there were 130 logs of different sizes of Kail and Rei. The challan accompanying

The track contained an entry about 115 logs the lapse was treated to be a contravention of Rule. 12 read with Rule 20 of the Himachal Pradesh Forest Produce Transit (Land Routes) Rule, 1978 and of Section 41/42 of the Indian Forest Act, 1927.

2.

Mehar Din was the driver of the truck Karam Singh was its conductor. The owners of the timber, in whose favor the export base had been issued by the forest Department and on whose account the tamper was being transported were Rai Singh and Narsin singh. Their authorized agent was Bhag Mal. All the five persons were prosecuted in Criminal case No. 65/2 of 1981 by instituting a challan on June 19, 1981. The case was tried by judicial Magistrate First class (111) Shimla Evidence was led on behalf of the prosecution. The learned Magistrate be lived the evidence and came to the conclusion that all the five persons were guilty of the offences for which they were charged when the learned Magistrate, being carriers a levied view the served to be taken in their case He sentenced these two persons to undergo rigorous imprisonment for one month and for sum Rs. 500/.each by way of fine and in addition to undergo rigorous imprisonment for a period of axis months each.

3.

The convicted persons assailed their conviction and the sentence awarded to them by filling two separate Criminal Appeals the appeal filed by Mehar Din and Karam Singh was dismissed their conviction Additional Session Judge Shimla on his View that they were entitled to benefit or doubt.

4.

After dismissing the appeal of Mehar Din and Karam singh the learned Judge considered the question of sentence where found guilty of the officer as they were drive and conduction of the truck and were carrying of the timber Rai Singh and the fact that only to logs when are not very expensive were found