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.

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 Mehra, Constable-Pramod Joshi on the tip of an informer that in the night of 17.07.2011, Yarsa Gambu (Cordyceps Sinensis) would be supplied by a small car, the police party was checking the vehicles at 10:15 p.m.; at that time Shri Bhopal Singh Kirola, Ranger Forest Area Escort came on the spot from Forest Barrier Check Post, Gauripul for going Jauljibi. When the police party was checking the vehicle, Constable-193 Jeevan Mehra flashed his torch (dragon light) towards Munsyari Road, one person was seen coming in front of the shop of Laxman Singh holding a black colour bag in his hand. On suspicion, the police party came on the Munsyari Road and caught the man from a distance of about 70 paces from the barrier near Tiraha. The man, on asking by the police party, told his name as Kashi Singh Raipa, S/o Late Sri Jeet Singh Raipa, R/o Tehsil Road Dharchula, P.S. Dharchula, District Pithoragarh. On opening the black bag, Yarsa Gambu (Cordyceps Sinensis) was recovered from a white colour bag kept inside the black bag. When the police party asked the man to show the papers for carrying and keeping the recovered Yarsa Gambu (Cordyceps Sinensis), he failed to show any papers. The accused-applicant was arrested at 10:50 p.m. for the charge of Section 26 of the Forest Act for carrying the prohibited forest products. The recovered Yarsa Gambu (Cordyceps Sinensis) was taken into possession by the police and the same was weighed on the spot on scales brought from police station by Constable Jeevan Mehra. The weight of the Yarsa Gambu (Cordyceps Sinensis) with bag was 2.100 Kgs. The Yarsa Gambu (Cordyceps Sinensis) was sealed and the memo of recovery was made on the spot. The copy of the recovery memo was given to the applicant-accused by the police party, which resulted into lodging of a Case Crime No.09 of 2011, under Section 26 of the Indian Forest Act, State vs. Kashi Singh Raipa as stated above.

4. After investigation, the charge-sheet was submitted against the accused-applicant on 25.09.2011, on which, the cognizance was taken by the learned Judicial Magistrate on 18.11.2011 and the accused- applicant was summoned to face the trial. On 19.01.2012, the charge was framed against the accused- applicant by the learned Judicial Magistrate, Didihat, District Pithoragarh. The charge was read over to the accused-applicant who pleaded not guilty and requested for the trial. It is this summoning order dated 18.11.2011, charge frame dated 19.01.2012 and the charge-sheet submitted by the police which has been requested to be quashed by him in this C482 application as mentioned hereinabove.

5. The main ground which has been taken by the applicant for quashing the impugned orders as referred hereinabove is that, according to the applicant, he is a member of Scheduled Tribe a