V. D. Misra, C. J.—Shri Prem Chand, a Forest Guard of Municipal Corporation, Simla (the Corporation), has Khalini beat. On 15th March, 1983 he was patrolling with a "B. O." and Pratap Singh, Forest Guard. In the compound of ‘Ravensdale, Chhota Shimla, he saw that the owner of the house had kept one apple tree, one miscellaneous tree and 9 smaliysaplings of apple in the shed. He reported the matter. In the report it was stated : "accused K. C. Khanna, s/o Kedar Nath, r/o Ravensdale, Chhota Shimla-2 has been apprehended while causing damage to the jungle." It may straightaway be noticed that the report is on a form printed in Hindi and this Forest Guard did not strike out alternatives which are printed in the form. In this report the name of one Ravi Kumar of Ladies Park, the Mall Shimla, is mentioned as a witness. At the place where the signatures of the accused are required to be obtained, it is written : "was not present". In other words Shri K. C. Khanna was never contracted by this Forest Guard nor was he present at the time when the Forest Guard visited the said place. A formal complaint dated 19-5-1983 by the Tree Officer, who has been delegated and was exercising the