Govt. Appeal (SJ) No.53 OF 1994 [Appeal against the judgment and order dated 2.4.1994 passed by the Judicial Magistrate, 1st class, Gaya in Forest Case No.117 of 1991 Trial No.146 of 1994] THE STATE OF BIHAR ------------------------------- Appellant Versus 1. MOTI LAL AGRAWALSON OF ARJUN DAS AGRAWAL 2. SANJAY AGRAWAL SON OF MOTILAL AGRAWAL, BOTH RESIDENT OF VILLAGE/ MOHALLA KATARI ROAD, P.S. CIVIL LINE, DISTRICT GAYA TURN GAYA ---------------------------- Respondents For the Appellant : Mr. R.B. Roy ‘Raman’, Addl. P.P. For the Respondents : Mr. Subodh Kumar No.1, Advocate --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: This is an Appeal against the judgment dated 2.4.1994 passed by the Judicial Magistrate, 1st class, Gaya in Forest Case No.117 of 1991 Trial No.146 of 1994, by which he acquitted the accused persons of the charges u/s.41 of the Indian Forest Act and Sections 5 and 12 of the Bihar Forest Produce (Regulation of Trade) Act, 1984. The case of the prosecution, in short, is that on 13.7.1990 the factory of one Gopal Katha was inspected and some illegal khair wood was lying in the factory, for which no valid paper was produced by the staff present there. The prosecution examined seven witnesses in support of the prosecution case, whereas the defence examined two witnesses on its behalf. - 2 - The Trial Magistrate had acquitted the accused persons on the ground that non-production of the transit permit at the time of inspection of the factory before the Range Officer was not a requirement in law and he had not checked the registers of the factory to verify that the khair wood lying in the premises was not explained in the book of record maintained by the factory. Further the court was of the view that no offence u/s.12 of the Bihar Forest Produce (Regulation of Trade) Act, 1984 was made out, since it was not the case of the prosecution that the accused persons were engaged in retail sale of forest produce without obtaining licence from the Forest Department. On going through the evidence on record and the judgment of acquittal, I find no perversity in the same. I am of the opinion that the accused persons were acquitted for the good reasons, which cannot be interfered with and there is no reason to differ with the finding arrived at by the Trial Court. In view of the discussions noted above, the appeal is dismissed. Patna High Court Dated, 29th March, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )