JUDGMENT :

Chander Bhusan Barowalia, J.

The present appeal is maintained by the appellant/State laying challenge to judgment dated 03.09.2008, passed by learned Judicial Magistrate 1st Class, Jawali, District Kangra, H.P., in Criminal Case No. 49-III/02, whereby the respondent/accused (hereinafter referred to as "the accused") was acquitted for the offences under Sections 41 and 42 of the Indian Forest Act read with Section 20 of the H.P. Forest Produce Transit Rules.

2. As per the prosecution, the background facts giving rise to culmination of the case against the accused can tersely be summarized as under:

On 15.06.2001, a police team was on patrol duty at Bhanai and a nakka was laid at Bhanai. The police team intercepted a truck coming from Jassur side, having registration No. HPK-4733, which was being driven by the accused. The accused disclosed his name as Bishamber Singh and on checking the said truck was found loaded with logs and fuel wood. The accused further divulged that he was taking the load from Fatehpur to Gagret vide Chit No. 131/NFD RFO, Jawali, dated 14.06.2001, vide permit No. 1492, dated 02.06.2001 and produce export permit, bearing number 4492 and challan number 35