SPLA No.20/2004 Hon’ble Dharam Veer, J. Sri M.A. Khan, learned brief holder for the State/appellant. Sri Sandeep Tandon, learned counsel for the respondents. I have perused the judgment and order dated 3.9.2004 passed by Special Judicial Magistrate, Tehri Garhwal in Criminal Case No.312/03, D.F.O. Vs. Anil Kumar & others and also perused the trial court record. Learned brief holder for the State could not point out any mistake in the judgment and order of the trial court and even he could not show how the offence u/s 26 of Indian Forest Act is made out. After considering all the facts and circumstances and perusal of the evidence produced by the prosecution in the trial court and the perusal of the judgment and order passed by the trial court, I am of the view that the trial court has not committed any mistake in the above said judgment. On the basis of the evidence available on record, there is no need to interfere in the judgment and order of the trial court. I do not find any ground or reason to grant the leave to appeal. Leave to appeal is refused. Consequently the appeal stands dismissed. (D.V.,J.) 17.09.08 RG