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1969 Supreme(Online)(AP) 7

ANDHRA PRADESH HIGH COURT
XYZ, J
Shabir Hussain N. v. Forest Range Officer Dorka


Advocates:
For the Appellants/Petitioners: Sri E. Ayyapu Reddy
For the Respondents: Public Prosecutor

1. Petitioners have been convicted by the Judicial Second Class Magistrate, Markapur in C. C. No. 735 of 1965, under S.35 and S.36 of the Andhra Pradesh Forest Act read with R.10 of the Timber Transit Rules and sentenced to pay a fine of Rs. 200-00, Rs. 100-00 and Rs. 100-00 respectively, in default to suffer simple imprisonment for seven days. The trial Court also ordered confiscation of the forest produce which was seized from the accused by the forest authorities. On appeal, the Additional Sessions Judge, Kurnool confirmed the conviction and sentence. Hence, this revision.

2. The case for the prosecution is as follows :
That on 24-8-1965 at about 1 A.M., at Dornal at the junction of Kurnool - Guntur and Srisailam road, the accused were found illicitly transporting green teak, roughly dressed M.Os. 1 to 394 by a lorry A. P. Q. 2245, without a valid permit, that A - 1, who claimed to be the owner of the forest goods, showed a permit Ex. P - 1 to P.W. 1, the Forest Range Officer, Dornal and P.Ws. 2 and 3 the Tahsildar and Forest Guard, Pedda Manthala, when questioned about the illicit transport; that Ex. P - 1 was not a valid permit; that P.Ws. 1 to 3 seized the forest produce desc

































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