The prosecution must provide sufficient evidence to establish the involvement of an accused in an offense under Section 41 of the Indian Forest Act.

Headnote:
BAIL - FOREST ACT - SECTION 41 - ILLEGAL POSSESSION OF FOREST PRODUCE - INTERPRETATION - KEY LEGAL PROVISIONS - COURT'S DECISION
Fact of the Case:

The petitioner was arrested for illegal possession of Khair wood under Sections 414, 420, 34 of the Indian Penal Code and Sections 33, 41, and 42 of the Indian Forest Act. The prosecution alleged that the petitioner was involved based on the confessional statement of another arrested individual.
Finding of the Court:

The court noted that the petitioner had no criminal antecedents and that the truck used in the alleged offense did not belong to him.
Issues: Whether the petitioner was involved in the illegal possession of forest produce.
Ratio Decidendi: The court interpreted Section 41 of the Indian Forest Act, which prohibits the illegal possession of forest produce. The court held that the prosecution had not provided sufficient evidence to establish the petitioner's involvement in the offense.
Final Decision: The court granted bail to the petitioner, directing his release upon furnishing bail bond of Rs. 25,000/- with two sureties of the like amount.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 11443 of 2022

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Dr. Shukla @ Vinay Shukla @ Dr. Shkula

....

….

Petitioner

Versus

The State of Jharkhand

....

Opp. Party

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioner

: Mr. Ajay Kumar Pathak, Advocate

For the State

: Mr. Prabir Kumar Chatterjee, A.P.P.

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Order No.04 Dated : 05.01.2023

Heard both the sides.

The petitioner- Dr. Shukla @ Vinay Shukla @ Dr. Shkula is in

custody since 02.09.2022 in connection with Daltonganj Sadar P.S. Case No.

05 of 2022 for the offence registered under Sections 414, 420, 34 of the Indian

Penal Code and Sections 33, 41 and 42 of the Indian Forest Act pending in the

Court of Chief Judicial Magistrate, Palamau.

As per the prosecution case, Khair wood was being loaded over a

truck bearing registration No.HR-45B-7160 which was seized by the police

party. During investigation, one Bhanu Pratap Singh was arrested and the

name of this petitioner has come-up on the basis of his confessional statement.

It is submitted by the learned counsel on behalf of petitioner that he is

not at all involved with the incidence and has no criminal antecedent and the

truck does not belong to him.

Learned A.P.P. opposed the prayer for bail.

Under the circumstances, the above named petitioner is directed to be

released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five

Thousand) with two sureties of the like amount each to the satisfaction of the

Court below.

(Gautam Kumar Choudhary, J.)

Anit