1. Prosecution under Madhya Pradesh Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 and Forest Act, 1927 — Application for quashing under Section 482, CrPC. (Para 2 )
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1997 Supreme(SC) 1661
SUPREME COURT OF INDIA
K.T.Thomas : M.K.Mukherjee
State Of M.P.
Versus
Harsh Gupta
Case No. : 1196 of 1997
Date of Decision : 12/12/97
At the stage of quashing prosecution under Section 482 CrPC, the court's role is limited to determining if the complaint discloses the alleged offences; it cannot record a finding of innocence or ignore statutory presumptions that require evidence for rebuttal.
Headnote:(A) State Forest Produce Act, 1969 - Sections 5-C, 12, 12-A, 16 and 69 - Forest Act, 1927 - Sections 26, 41 and 42 - Code of Criminal Procedure, 1973 - Section 482 - Quashing of prosecution - Scope of inquiry - Court to consider only whether the complaint and accompaniments disclose the offences alleged - Improper to record conclusive finding of "not guilty" or discuss defense at this stage - Statutory presumption under Section 69 of the State Act that recovered forest produce is government property must be noted - Proof of the contrary to be determined after evidence is led. (Para 3)
Facts of the case:
A complaint was filed by a forest officer against the respondent under the State Forest Produce Act and the Forest Act. The respondent was summoned by a Magistrate to stand trial. The respondent subsequently filed an application under Section 482 of the Code of Criminal Procedure to quash the prosecution, which was granted by the High Court.
Findings of Court:
The High Court exceeded its scope by recording a conclusive finding of innocence and discussing the respondent's defense instead of merely determining if the complaint disclosed the alleged offences. The High Court also failed to apply the statutory presumption regarding the ownership of recovered forest produce.
Issues: Whether the High Court could record a finding of "not guilty" and quash the prosecution at the stage of a Section 482 CrPC application, particularly in the presence of a statutory presumption.
Ratio Decidendi: The court held that at the stage of considering a petition to quash prosecution, the only question is whether the complaint discloses the offences. A conclusive finding on guilt or innocence cannot be recorded at this stage, and statutory presumptions can only be rebutted after evidence is led during the trial.
Result: Appeal allowed.
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2. Respondent challenged the prosecution via an application under Section 482, CrPC, which was allowed by the High Court. (Para 2 )
3. High Court erred by evaluating the defense and recording a finding of innocence instead of merely determining if the complaint disclosed the alleged offences. (Para 3 )
4. Statutory presumptions regarding government property under Section 69 of the Act must be maintained until proven otherwise through evidence during trial. (Para 3 )
5. Appeal allowed — Impugned judgment set aside — Magistrate directed to proceed with the case in accordance with law. (Para 4 )
6. What is the limited scope of judicial review when determining if a complaint discloses an offence?
The court must only consider whether the complaint and its accompaniments disclose the alleged offences, without delving into the defendant's defense or recording a conclusive finding of guilt or innocence. (Para 3 )
7. What is the effect of the statutory presumption under Section 69 of the Act?
It creates a presumption that forest produce recovered from an accused is government property until the contrary is proved, a determination that can only be made after evidence is led. (Para 3 )
(1) LEAVE granted.
(2) ON a complaint lodged by the Divisional Forest Officer, Morena under S. 5-C, 12, 12-A and 16 of the Madhya Pradesh Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 and S. 26 and 42 read with Section 41 of the FOREST ACT, 1927 (hereinafter referred to as "the Act"), the respondent was summoned by a Judicial Magistrate to stand trial. Assailing his prosecution he moved an application under Section 482 of the Code of Criminal Procedure which was allowed by a Single Judge of the High court. Hence this appeal at the instance of the State of Madhya Pradesh.
(3) IT is rather surprising that at a stage when the only question to be considered was whether the complaint and its accompaniments disclosed any or all of the offences alleged against the respondent, the learned Judge not only went into a detailed discussion about his defence but recorded a conclusive finding that he was not guilty of the offences alleged against him. More surprising is that the learned Judge ignored the provisions of Section 69 of the Act which expressly raises a statutory presumption against a person arraigned that the forest produce recovered from him was a property of the government, until the contrary is proved; and needless to say, the question of proof of the contrary can be answered after evidence is led.
(4) FOR the foregoing discussion, we allow this appeal, set aside the impugned judgment and direct the Magistrate to proceed with the case in accordance with law, without in any way being influenced by any of the observations made by the High court in the impugned order.
