Jaidayal Ramswarup Gupta and anr. Vs. State of Madhya Pradesh - Court Judgment

Excerpt:

- indian penal code, 1890.sections 307 & 324: [lokeshwar singh panta & b.sudershan reddy,jj] assault proof - appellant allegedly dealt sickle blow to deceased - testimony of eye-witnesses showed that sudden altercation ensued between appellant and deceased - no evidence to indicate any previous enmity between parties - single blow of sickle had been inflicted by appellant on back of deceased - incised wound allegedly inflicted by appellant - however opinion of doctor proved that deceased had not died due to direct result of said injury held, appellant is therefore liable to be convicted under section 324 of i.p.c., sentence of 3 years imprisonment reduced to period undergone by appellant considering mental agony suffered by him.....adhiniyam, 1969 are applicable only with respect to such 'forest produce' which are notified as 'specified forest produce' by notification under sub-section (3) of section 1 of the said adhiniyam. sal seeds are no doubt 'forest produce' within the meaning of clause (d) of section 2 of the said adhiniyam but no notification under sub-section (3) of section 1 of the said adhiniyam was shown mentioning sal seeds as specified forest produce for shahdol district, in which the village in question fell, on the material date. it was conceded by learned government advocate that there was no such notification issued even till this date. as such, it must be held that sal seeds were not 'specified forest produce' within the meaning of the said adhiniyam. the provisions of the said adhiniyam were, therefore, not attracted. the appellate order of the learned sessions judge was based on the wrong premise about the applicability of the provisions of the said adhiniyam. the order of the learned sessions judge is, therefore, unsustainable. there was evidence in the case to show that the seized sal seeds had been grown by applicant no. 2 murlidhar on his field. as such the order for return of the.....

Judgment:

ORDER

S.K. Chawla, J.

1. By this revision the applicants challenge the appellate order passed Under Section 454, Criminal Procedure Code for disposal of property.

2. The applicants were alleged to have illegally purchased on 17-6-1982 Sal Seeds weighing 78 quintals 10 Kg. in 94 bags and also transporting them without permit in village Bargarh, P. S. Jaitpur, District Shahdol. After trial, the applicants were acquitted of the offence Under Section 27(g) of the Indian Forest Act, 1927. The learned Magistrate directed the return of Sal Seeds to the applicants. The Forest Department took appeal against order about disposal of property to Sessions Judge, Shahdol. In appeal the learned Sessions Judge directed confiscation of Sal Seeds in favour of the State Government. Aggrieved by that order, the present revision has been filed.

3. A perusal of the appellate order of the learned Sessions Judge will show that it was based on the premise that Sal Seeds are 'specified forest produce' by virtue of notification issued under the provisions of M. P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969. Holding that the provisions of the said Adhiniyam were applicable, the learned Sessions Judge held that purchase of Sal Seeds by the applicants or even transportation thereof without permit was illegal. Accordingly, he directed confiscation of the seized Sal Seeds.

4. It will be seen that the provisions of M. P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 are applicable only with respect to such 'forest produce' which are notified as 'specified forest produce' by notification under Sub-section (3) of Section 1 of the said Adhiniyam. Sal Seeds are no doubt 'forest produce' within the meaning of clause (d) of Section 2 of the said Adhiniyam but no notification under Sub-section (3) of Section 1 of the said Adhiniyam was shown mentioning Sal Seeds as specified forest produce for Shahdol district, in which the village in question fell, on the material date. It was conceded by learned Government Advocate that there was no such notification issued even till this date. As such, it must be held that Sal Seeds were not 'specified forest produce' within the meaning of the said Adhiniyam. The provisions of the said Adhiniyam were, therefore, not attracted. The appellate order of the learned Sessions Judge was based on the wrong premise about the applicability of the provisions of the said Adhiniyam. The order of the learned Sessions Judge is, therefore, unsustainable. There was evidence in the case to show that the seized Sal Seeds had been grown by applicant No. 2 Murlidhar on his field. As such the order for return of the seized seeds passed by the learned Magistrate was correct.

5. The revision is allowed. The order of Sessions Judge, Shahdol dated 5-7-1984 directing confiscation of Sal Seeds is set aside and that of the Magistrate directing return of the Sal Seeds to the applicants is restored.