STATE OF JAMMU AND KASHMIR versus ROMESH CHANDER AND ORS.

Citation: [1996] SUPP. 9 S.C.R. 239 · Decided: 27-11-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.T. NANAVATI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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STATE OF JAMMU AND KASHMIR 
v. 
ROMESH CHANDER AND ORS. 
NOVEMBER 27, 1996 
[K. RAMASWAMY AND G.T. NANAVATI, JJ.] 
Jammu and Kashmir State Nationalisation of Forest Working Act, 1985: 
Jammu and Kashmir Nationalisation of Forest Working Ordinance, 
1986: 
Jammu and Kashmir Nationalisation of Forest Working Act, 1987: 
Triaf-Discharge of accused-Validity of-Lease granted to respondents 
A 
B 
c 
for extr~ction of timbe,-FJR lodged against them for removal of timber from 
demarcated forest-Charge sheet-Discharge by Trial Court-On revision D 
preferred by State High Court confirmed the discharge orde,-Appeal preferred 
by State-Held, the charge-sheet constitutes prima facie evidence constituting 
the offence for proceeding further in the matte,-Court should look into the 
relevant law and the allegations made in the charge-sheet and then consider 
whether any offence has been committed to frame charges for trial before 
discharging the accused-Since the High Court has not done that the case is E 
remitted to the High Court for disposal-High Court should reconsider the 
matter and dispose it of in accordance with law. 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 
2009 of 1996. 
From the Judgment and Order dated 23.4.92 of the Jammu & 
Kashmir High Court in Cr!. R. No. 6 of 1992. 
Jagdev Singh Manhas for the Appellant. 
F 
D.D. Thakur, G.A. Lone, P.H. Parekh, N.N. Bhatt, Ms. Bina Mad-
G 
havan, Ranjit Kumar, Ms. Anu Mohla and Ms. Binu Tarnta for the Respon-
dents . 
The following Order of the Court was delivered : 
Delay cond_oned. 
H 
239 
A 
B 
240 
SUPREME COURTREPORTS [1996) SUPP. 9 S.C.R. 
Leave granted. 
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We have heard learned counsel on both sides. 
This appeal by special leave arises from the order of the High Court 
of Jammu and Kashmir, made on April 23, 1992 in Criminal Revision No. 
6/92. The respondents 5 to 7, namely, Sudhir Kumar, Sharat Kumar and 
Davinder Kumar were granted lease to extract timber from compartment 
No. 55-56, Bani Range of Billawar Division. It is not in dispute that the 
lease of April 28, 1978 was to be effective upto December 31, 1986. It is 
stated by the respondents that for certain other purposes, it was extended 
C upto December 31, 1987. We need not record any findings in that behalf. 
It is only noted as asked for. The Government have passed an order on 
February 22, 1985 directing the aforesaid three contractors to complete the 
extraction of the timber upto September 3, 1984 and thereafter unsalvaged 
timber would stand vested in the State. Admittedly, this is only an ad-
D ministrative order. On September 24, 1985, the Jammu and Kashmir State 
Nationalisation of Forest Working Act, 1985 was enacted. Thereunder, all 
timber lying within demarcated forests stood vested in the State w.e.f. the 
aforesaid date not\vithstanding any lease or agreement subsisting as on the 
date. The Government order dated Ncvember 22, 1984 was stayed by the 
High Court on March 12, 1984 by an order in W.P. No. 48 of 1983 and 
E C.M.P. No. 2120/84. When the respondents filed the Writ Petition No. 
968/85 challenging the validity of the Act, the High Court passed an order 
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G 
H 
as under: 
"The DFO Billawar is appointed as Commissioner who shall go to 
the launching sites in respect of the compartment No. 55-56 Basoh-
li, Bani, Range Billawar Division and shall ensure that no timber 
is launched in the nallah after the passing of this order i.e. 13th of 
November 1985 by the petitioner. The DFO Billawar shall however 
not interfere with the timber already launched in the nallah. The 
said timber shall be permitted to be brought by the petitioner, 
through his labour at his own risk and cost and without prejudice 
to the rights of the parties upto the western bank of river Ravi, 
opposite to the collection point Shahpur Kandi located on the 
eastern bank of river Ravi within the State of J&K. The petitioner 
shall have the timber already launched in the nallah brought to the 
western bank of river Ravi, as noticed above, under the supervision 
STATEv. ROMESHCHANDER 
241 
of DFO/Billawar or his nominees. The petitioner shall have no A 
~right or lien over the timber so brought to the western bank of 
river Ravi. Save as may be decided subsequently by the Court on 
the disposal of the writ petition, the timber when brought t~ the 
western bank of river Ravi shall be stocked there against proper 
receipt and shall remain under the charge and control of the Forest 
Department and the
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