The corresponding provision to the Tripura Forest Act in the Indian Forest Act was Ch. IV, which deals with protected forests, and not Ch. II, which deals with reserved forests.

Judgment

AYYANGAR, J. :

The respondents in these several appeals were prosecuted before Magistrates in Tripura for offences under S. 26 (1) of the Indian Forest Act, 1927 and were convicted and sentenced to terms of imprisonment and fine. Their appeals to the learned Sessions Judge, Tripura having been dismissed, they preferred Criminal Revision petition to the Judicial Commissioner; the learned Judicial Commissioner allowed their revisions by a common judgment and directed their acquittal. From these orders of acquittal the Union of India has filed these appeals by virtue of special leave granted by this Court under Art, 136 of the Constitution.

2. Before proceeding to narrate the facts which have led to these appeals it is necessary to mention that three of these 11 appeals Criminal Appeals 40, 41 and 45 of 1962 have become infructuous. The notices issued to the respondents in Appeals 40 and 45 of 1962 of the filings of the appeals could not be served on them as it was reported that they had left for Pakistan. The appeals, could not accordingly be prosecuted. In regard to Criminal Appeal 41 of 1962 it is reported that the accused died pending the hearing of the appeal and hence the appeal has abated, we are, therefore, concerned only with the other 8 appeals.

3. The material clauses of S. 26(1) of the Indian Forest Act, 1927 for contravention of which the respondents in the several appeals were prosecuted read :

"26. ( 1) Any person who-

(a) makes any fresh clearing prohibited by S. 5,. . . . . . or who in a reserved forest;

(d) trespasses or pastures cattle, or permits cattle to trespass;

(e) .....................

(f) fells, girdles, lops, taps or burns any tree or strips off the bark or leaves from, or otherwise damages, the same;

(g) . . . . . . . . . . . . .. . . . . . . .

(h) clears or breaks up any land for cultivation or any other purpose;

. . . . . . . . . . . . . . . . . . . . . . .

shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, in addition to such compensation for damage done to the forest as the convicting Court may direct to be paid."

The magistrate convicted some of the accused respondents of offences under as. (a) and (d) and others of offences under cls. (d) and (h).

4. It is common ground that in order to constitute an offence under S : 26(1) the acts specified in the clauses of the Section should be committed in an area which is a "reserved forest" under the Act. We might point out that if the area concerned was a reserve forest, the guilt of the respondents would practically be made out and their conviction by the Magistrates, confirmed by the Sessions Judge, Tripura might have to be upheld. The principal, if not the sole question for consideration in the appeals, however, is whether the forest area where the respondents were held to have committed the acts alleged against them was such a "reserve forest".

5. Before however dealing with that question, it would be convenient to set out very briefly the facts which have given rise to these. prosecutions. The forests wherein the several respondents are stated to have committed the offences set out in the clause of S. 26(1) of the Act quoted above are comprised in three distinct areas in the former Indian State of Tripura. These three areas are known, respectively, as the Garhichhera reserve, Chandrapur reserve and the North Sonamura reserve. In April, 1958 an officer of the Forest Department went to circuit duty in these forest areas and found that the several accused had cleared the forests, reclaimed some land and had dug tanks for the purpose of cultivation and had made homesteads there. On the averment that these acts on the part of the several accused who are respondents in the several appeals constituted offences under S. 26(1)(a) and (h) and in some cases under S. 26(1)(a), (d) and (h) and in still some others under S. 26(1)(d), (f) and (h), the accused were produced i