ORDER :- This is a reference made by the learned Sessions Judge, Mirzapur, recommending that the order of conviction of Harbans Singh and three others passed by Sri A.P. Dikshit, Magistrate 1st Class, Mirzapur, be set aside. The accused were tried by Sri A.P. Dik-shit Magistrate 1st Class, Mirzapur, under S.15(1) of the U.P. Private Forests Act (Act No.6 of 1949). They were convicted of an offence under the said section and sentenced to pay a fine of Rs.50/- or in default to undergo three months simple imprisonment. They preferred a revision before the learned Sessions Judge, Mirzapur, who has made a reference to this Court recommending that the aforesaid conviction be set aside.

2. Having heard the learned counsel for the parties I am of opinion that the recommendation of the learned Sessions Judge must be accepted. Under S.15(1) of the U.P. Private Forests Act any person who contravenes the provisions of Chapter II of the said Act is liable to be punished with fine not exceeding one hundred rupees for the first offence and with fine not exceeding one thousand rupees or simple imprisonment not exceeding three months or both for the second or any subsequent offence. Section 15(2) of

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