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2021 Supreme(Tri) 51

S. G. CHATTOPADHYAY
Abdul Kader son of Rajjak Miah – Appellant
Versus
State Of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.P.K.Ghosh, Adv.
For the Respondent: Mr. S.Ghosh,Addl. PP.

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

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