JUDGMENT

V. D. Misra, C.J. - When it came to my notice that the respondent has been only fined for offence under section 33 of the Indian Forest Act, I decided to issue a notice of enhancement. One of the reasons for issuing this notice was that illicit felling of trees is rampant in the State and the connivance of some forest officials and others is common knowledge. In the meantime the respondent filed an appeal against his conviction and sentence though he had pleaded guilty. The learned Sessions Judge found that the procedure adopted by the then Chief Judicial Magistrate, Nahan, Camp at Rajgarh, was defective. The defect was that the respondent was not given the substance of the accusation with which he was charged. I find that at serial No.6 of the form maintained in terms of section 263 of the Code of Criminal Procedure, the offence complained of is shown as: "33 I. F. Act". This was indeed a serious breach of the procedure. It was the duty of the trial court to give the substance of the offence by mentioning necessary facts which constituted the offence.

2. After going through the judgment of the learned Sessions Judge acquitting the respondent on the ground that the procedu