JUDGMENT :

RATNAKER BHENGRA, J.

1. Heard the parties.

2. This appeal arises out of judgment of conviction and order of sentence dated 05.09.2002, passed in S.T. No. 196/98, by the learned Additional Sessions Judge, Fast Track Court-I, Chatra, whereby and where under, appellants have been convicted for the offences under Sections 379 and 411 of the Indian Penal Code and Section 16 of the Bihar Kendu Leaves (Control of Trade) Act, 1973 and have been sentenced to undergo RI for 2 years for the offence under Section 411 Indian Penal Code and RI for 6 months for the offence under Section 16 of the Bihar Kendu Leaves (Control of Trade) Act, 1973. Both the sentences were ordered to run concurrently. No, sentence was passed under section 379 of IPC.

3. The prosecution case as per the offence report is that on 24.04.1995 at about 6:00 p.m., when the forest personnels were on patrolling duty, they saw a truck coming in the village Gangpur from Gangpur - Patthalgada road. When they intercepted the truck bearing registration No. BHM 6210 and examined it, they found the truck loaded with Kendu leaves. The forest personnels demanded papers in respect of Kendu leaves then driver handed over Transport