This appeal is filed by the accused/appellant challenging the order of conviction passed against him by the Sessions Judge and Fast Track Court-I, Shimoga, in S.C.285/2006 convicting the appellant of the offence under Sec.87 of the Karnataka Forest Act, 1963, for short the Act and sentencing him to undergo simple imprisonment for 5 years and to pay a fine of Rs.50,000/- in default, to undergo simple imprisonment for one year.

2. Heard Sri Dinesh Kumar, learned counsel for the appellant and Smt. A.R. Sharadamba, learned Addl. Govt. Advocate for State and perused the records.

3. It is the case of the prosecution that on 12.3.2003 at about 11 p.m., the appellant was found transporting MO-1 sandal wood billets without any permit near forest check post, Sakerebylu in Shimoga district. When the forest officials found and checked him, he was not in a position to give any reply or reasonable explanation for his possession of sandal wood. Therefore, he was charged for the said offence.

4. In order to prove its case, the prosecution has examined in all four witnesses and got marked Ex.P-1 to P-4 and MOs 1 to 3.

5. PW-1 Satish A.V. is Range Forest Officer of Pandavapura range. It i