P. RAMACHANDRA RAJU, J.

( 1 ) THE Sessions Judge, Cuddapah in disposing of Crl. A. No. 49/1979 filed before him under S. 49 of the A. P. Forest Act, has set aside the order of the Divisional Forest Officer dated 16-7-1979 confiscating the lorry APL 419 belonging to the respondent and directed fresh enquiry after giving an opportunity to the respondent to compound the offence and pay compensation therefore and the Divisional Forest Officer was also directed to act in comliance of Rule 4 of the Forest Offences (Compounding and Prosecution) Rules 1969. The Sessions Judge also observed that as the matter is remanded and in view of the fact that a representation was made before him on behalf of the respondent that no opportunity was given to him to cross-examine the witnesses through his counsel, he considered it fit and desirable to permit the respondents counsel to cross-examine the witnesses if necessary.

( 2 ) THE Public Prosecutor, in support of the revision has made two main submissions. His first submission is that the respondent has at no time expressed his willingness to compound the offence and being so, the Divisional Forest Officer had no obligation to compound the offence an

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