JUDGMENT :

Kuldip Singh, J.

1. This revision is directed against judgment dated 3.5.2005 passed by Additional Sessions Judge, Ghumarwin in Criminal Appeal No. 17/10 of 2004/2003 affirming judgment dated 17.10.2003 passed by Chief Judicial Magistrate, Bilaspur in Case No. 21-1 of 1999/97 convicting the petitioners for offences punishable under Sections 41, 42 of the Indian Forest Act and sentencing each convict to undergo simple imprisonment for a period of six months and a fine of Rs.3,000/-. In default of payment of fine, to undergo simple imprisonment for a period of two months.

2. The prosecution case in brief is that in the intervening night of 25/26.2.1997 at about 2.30 a.m. PW-11 S.I. Hari Singh along with PW-8 Harjeet Singh and Constable Amar Singh were on naka near Gharwasra -Kodra-Shahtalai road on a hired jeep No. HP-02-5072 driven by Paramjit Singh. PW-1 Prithi Chand was also sitting in the jeep. In the meantime, a truck No. HIB-1215 driven by petitioner No.2 Mohan Lal came from Kodra side. The driver was stopped on giving signal. On suspicion, the truck was checked and on checking it was found that the petitioner No.2 was driving the truck and petitioner No.1 was sitting alongwith petitioner No.2 in the truck.

3. On checking the truck, 429 logs of khair wood weighing about 80 quintals were recovered from the truck. The petitioners were asked to produce the permit or permission to transport the logs of khair wood. They could not produce any permit or permission to transport the khair wood logs between sunset and sun rise. The truck along with khair wood logs was taken into possession and after weighing 63 quintals of khair wood was found.

4. It was found during investigation that aforesaid khair wood logs were being transported by petitioners to Katha Bhati Baseh Khud Hamirpur. Rajinder Pal, Contractor produced permit No. 4/96-97 dated 22.11.1996 for permission to fell trees from the lands of the land holders and permit No. 100/CC/96-97 dated 25.2.1997 issued by the D.F.O., Bilaspur for carrying 2415 khair logs valid upto 8.3.1997 for transporting the same. These permits were taken into possession. The case against the petitioners was that they were transporting 429 khair wood logs on the intervening night of 25/26.2.1997 at about 2.30 a.m. between sun set and sun rise without any valid permit or permission.

5. On completion of investigation, challan was submitted in the Court. The notice of accusation for offence punishable under Sections 41, 42 of the Indian Forest Act was put to the petitioners. They pleaded not guilty and claimed trial. The prosecution has examined 11 witnesses and produced some documents in support of the prosecution case. The statements of petitioners were recorded u/s 313 Cr.P.C. They denied the prosecution case but led no evidence in defence. On conclusion of trial, the Chief Judicial Magistrate convicted and sentenced the petitioners on 17.10.2003 and the Additional Sessions Judge dismissed their appeal on 3.5.2005, hence petitioners have come in revision.

6. I have heard the learned counsel for the petitioners and learned Additional Advocate General on behalf of the State and have also gone through the record. It has been stated on behalf of the petitioners that the two Courts below have misconstrued and mis-interpreted the evidence on record and the Himachal Pradesh Forest Produce Transit (Land Routes) Rules, 1978 (for short 'Rules'). There is no legal evidence on record to prove the accusation, the Courts below have misconstrued and misinterpreted the evidence. The view taken by the two Courts below does not emerge from the evidence on record. It has been submitted that the sentence imposed is excessive. The submission has been made for setting aside the conviction and sentence of the petitioners. The learned Additional Advocate General has supported the impugned judgment and has submitted that the two Courts below after due appreciation of material on record have rightly convicted and sentence