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PANKAJ PUROHIT
Kashi Singh Raipa (Budiyal) – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
By means of this application filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), the applicant has prayed for quashing of the charge-sheet as well the summoning order dated 18.11.2011, passed by learned Judicial Magistrate, Didihat, District Pithoragarh and the charge framed by him vide order dated 19.01.2012 in Criminal Case No.316 of 2011, State vs. Kashi Singh Raipa, under Section 26 of the Indian Forest Act, 1927.
2. The brief facts of the case which emerge from perusal of the record are that, on the basis of a recovery memo, on 17.07.2011, 2.100 Kgs. of Yarsa Gambu (Cordyceps Sinensis) was recovered from the applicant- Kashi Singh Raipa. A criminal case was registered against him under Section 26 of the Indian Forest Act, 1927, by lodging a First Information Report on 18.07.2011 at 00:35 a.m. The First Information Report was lodged by the informant-SSI Harish Chandra Joshi, Kotwali Jauljibi, District Pithoragarh against the sole applicant-Kashi Singh Raipa, S/o Late Sri Jeet Singh Raipa.
3. The case of the prosecution, as unfolded, is that on 17.07.2011 the informant-SSI Harish Chandra Joshi along with Constable-193 Jeevan
The possession of Yarsa Gambu (Cordyceps Sinensis) by the applicant was found to be illegal under the Indian Forest Act, 1927, despite the applicant's claim as a member of Scheduled Tribe.
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