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2011 Supreme(HP) 1809

SURJIT SINGH, RAJIV SHARMA
State of H. P. – Appellant
Versus
Rajinder Singh – Respondent


Advocates appeared:
For the Appellant(s) :Mr. P.M. Negi, Deputy Advocate General.
For the Respondent(s):Mr. N.K. Sood, Mr. Satyen Vaidya and Mr. Malay Kaushal, Advocates.

JUDGMENT

Surjit Singh, Judge

In this appeal by the State, judgment dated 29.4.2002 of learned Special Judge (Forests), Shimla, whereby respondents Rajinder Singh and others have been acquitted of charge, under Sections 379, 420, 467, 468, 471 read with Section 12—B IPC, Section 5(2) of the Prevention of Corruption Act, Sections 41/42 of Indian Forest Act and Penal Provisions of H.P. Taxation on Certain Goods Carried by Road Act, 1976, is assailed.

2. Case of the prosecution is that when Enforcement Staff of South Zone Shimla was investigating a case, registered vide FIR No.19/84, it was detected that against 742 scants of Kail, permitted to be exported vide permit No.11/81-82 dated 5.4.1981, 909 scants had been exported from Railway Station, Shoghi, through RRs Exts. PW4/A, PW4/B, PW4/C PW4/D and Ext. PW6/A. Therefore, a separate case was registered, vide FIR Ext. PW1/C.

3. Investigation of the case revealed that respondents Rajinder Singh and Narain Singh, who had formed a partnership firm, named and styled as Rajinder Singh Narain Singh, submitted 17 applications, in the names of different land owners of villages Sundli, Deora and Labrot, falling in the area of Forest Divisi



























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