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Crl. Rev. P No.73/2018.

HIGH COURT OF TRIPURA

AGARTALA

Crl. Rev. P No.73/2018

Sri Abdul Mannan,

Son of late Habil Miah,

Of Durgapur, Sonamura,

P.S. Sonamura, Dist.-Sepahijala,

Tripura.

…………… Petitioner(s).

Versus

The State of Tripura,

(To be represented by the Public Prosecutor,

Hon’ble High Court of Tripura, Agartala,

West Tripura).

…………… Respondent(s).

BEFORE

THE HON’BLE MR. JUSTICE S. G. CHATTOPADHYAY

For Petitioner(s)

: Ms. Monalisa Pal, Advocate.

For Respondent(s) : Mr. S. Debnath, Addl. Public Prosecutor.

Date of hearing

: 5^th March, 2021.

Date of Judgment & Order : 17^th March, 2021.

Whether fit for reporting : NO.

JUDGMENT AND ORDER

[1]

This criminal revision petition has been filed challenging the

judgment dated 07.09.2018 delivered by the Sessions Judge, Gomati

Judicial District, Udaipur in Criminal Appeal No.09(1) of 2018. By the

impugned judgment the leaned Sessions Judge affirmed the judgment

and order of conviction and sentence dated 18.01.2018 passed by the

Chief Judicial Magistrate, Gomati Judicial District, Udaipur in Case

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Crl. Rev. P No.73/2018.

No.CR(F) 01/2016 convicting the petitioner under Section 42 of the

Indian Forest Act, 1927 and sentencing him to R.I for three months and

fine of Rs.500 with default stipulation.

[2]

The factual background of the case is as under:

Prabitra Kr. Jamatia (PW-1), Officer-in-Charge of Forest

Protection Unit, Garjee lodged a prosecution report in the Court of the

Chief Judicial Magistrate at Udaipur on 1^st February, 2016 alleging that at

about 11.30 am on the day, he along with his accompanying forest staff

detained a vehicle carrying registration No.TR-03B-1879 on its way from

a place called Pitra to Udiaipur. Soon after they stopped the vehicle the

driver of the vehicle along with three other persons ran away. But the

petitioner could not escape. A search operation was carried out in the

vehicle and 23 unmarked sized logs of teak tree were found loaded in the

vehicle which were seized and the petitioner was detained. On

interrogation, the petitioner confessed to the forest patrolling team that

he was engaged in smuggling forest produce from Udaipur to Bangladesh

over a long period of time. The prosecution report was then submitted in

Court and the accused was also produced before the Chief Judicial

Magistrate.

[3]

Having taken cognizance of offence, the learned Chief Judicial

Magistrate explained the particulars of the alleged offence to the

petitioner who pleaded not guilty and claimed trial. Accordingly, case of

the accused was tried in the Court of the Chief Judicial Magistrate and

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Crl. Rev. P No.73/2018.

oral evidence of five prosecution witnesses including the complainant was

recorded at the trial. The other witnesses were forest guards Sri Rasamoy

Debnath (PW-2), Sri Kinkar Chakma (PW-3), Sri Dinesh Debbarma (PW-

4) and Sri Sukhendu Ch. Dey (PW-5). Besides their oral statements,

prosecution also adduced four documents which were marked as Exhibit-

1 to Exhibit-4 at the trial and the logs which were seized from the

possession of the petitioner was marked as Exbt.MO-1. The petitioner

was also given opportunity to explain the circumstances appearing in

evidence against him. During his examination under Section 313 Cr. P.C

the learned trial Judge explained the incriminating evidence in detail to

him. The petitioner simply denied the case and claimed that he was

implicated in a false case.

[4]

On appreciation of evidence the learned trial Judge found him

guilty and convicted him under Section 42 of the Indian Forest Act, 1927.

Having recorded reasons as to why the benefit of Probation of Offenders

Act was not extendable to the petitioner, the trial Court sentenced the

petitioner to RI for three months and fine of Rs.500