Back
S. G. CHATTOPADHYAY
Abdul Kader son of Rajjak Miah – Appellant
Versus
State Of Tripura – Respondent
JUDGMENT :
[1] Trial Court held the petitioners guilty of offence under Section 42 of the Indian Forest Act for violation of Tripura Forest Transit Rules, 1952 and after conviction, sentenced each of them to Simple Imprisonment (SI) for 6 (six) months. In appeal, the Sessions court upheld the said conviction and sentence of the appellants and dismissed their appeal. Aggrieved appellants, have, therefore, challenged the impugned judgment and order dated 15.02.2019 passed by the learned Sessions Judge of Dhalai Judicial District in Criminal Appeal No.01 of 2018 where by the learned Sessions Judge upheld their conviction and sentence awarded by the trial court and dismissed their appeal.
[2] Essential facts necessary for disposal of the case are as under:
On the tip of information received from secret source, the Officer in charge of Forest Protection Unit, spotted a Maruti Omni Van on its way from Ambassa to Gandacherra on 13.12.2017 at around 4 O’clock in the morning. It was noticed that the said vehicle had no number plate. Sri Suman Das, Officer-in-Charge of Ambassa Forest Protection Unit along with his accompanying staff detained the vehicle and carried out search in the vehicle. Th
Point of law: Re-appreciation of evidence - Revisional jurisdiction of High Court - In any case it is well settled that the scope of revisional jurisdiction of High Court does not extend to re-apprec....
The court upheld the conviction under the Indian Forest Act while highlighting the need for strict enforcement of forest protection laws, but reduced the sentence to account for the appellants' perso....
The conviction under the Indian Forest Act cannot stand without proving the area as a reserved forest and the petitioners' actual involvement in the offence.
The legal requirement of the place being a reserved forest for the application of Section 26(e) and (f) of the Forest Act was emphasized, and the court highlighted the need for proof of such designat....
Transporting timber without a valid permit violates the Andhra Pradesh Forest Act and Timber Transit Rules.
Section 62(C) of Karnataka Forest Act reads as certificate of Forest Officer to be an evidence.
Conviction under Section 33 of the Indian Forest Act reversed due to insufficient independent evidence and substantive defense claims.
Transit of forest-produce beyond pass validity constitutes forest-offence mandating confiscation of produce/vehicle; strict compliance essential as deterrent to deforestation, liberally construed for....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
