JUDGMENT :

1. None appears for the appellants. We have gone through the records with the assistance of the learned counsel for the respondent.

2. Leave granted.

3. The appellants were apprehended with a vehicle carrying 22 logs of Khair wood. They did not produce any authorization or permit with regard to the same. Their prosecution under Section 379, IPC read with Sections 41 and 42 of the Indian Forest Act culminated in acquittal under Section 379, IPC by the Magistrate. The conviction under the Forest Act was for six months.

4. The conviction under the Forest Act was assailed before the Sessions Judge in appeal. The appellants were acquitted as neither the Khair wood logs nor the lorry in which it was being transported were produced as exhibits. The independent witness of seizure also did not support.

5. In the appeal against acquittal by the State, the High Court held that the independent witness did not deny his signatures on the seizure memo. In view of a sample of the log having been produced, non-production of the vehicle was not relevant, reversing the acquittal and sentencing the appellants under Sections 41 and 42 of the Forest Act for three months with fine of Rs.500/-with a