1 ( 16 )
2 109. Very great difficulty, however, has been felt from the want of powers
3 Want of powers seriously Of a limited nature in the case of senior divisional officers.
4 folt. In Gujrdnwala large bodies of graziers this year trespassed
5 on the rakhs, and openly defied Mr. Sparling, the Deputy Conservator, to touch
6 them, alleging in so many words,—* You are not a magis-
7 Case of open defiance. trate.”
8 110. When this happens 10 or 15 miles from even a tahsil, redress is
9 ay :mpossible, impossible ; and, even if a complaint is laid, the remedy is
10 Wasi 5 ae dcabae, “entah worsethan the disease: for the Forester and the Watcher
11 ail have often to leave their beat, and be detained away from
12 their work at that distance several days, and what may happen in the forest
13 during their absence it is impossible to know.
14 111. It is obvious that in this respect the officers of this province are very
15 Cai at clint advice heavily weighted in their eftorts to preserve forests as
16 ! "compared with those in the North-West and elsewhere :
17 in that province every divisional officer has magisterial powers. It is the
18 Method of exercise of fact of the possession that is always valuable, as people
19 powers. do not attempt what they otherwise would if they know
20 the officer can punish them; and the officer would always use his powers sparingly,
21 not trying cases himself except where the distance of another Magistrate
22 and delay in procedure would warrant it.
23 112. As regards the leased forests I have nothing to say. Though many
24 Powers in ‘leasod’ forests, Olences have occurred which have necessarily gone
25 unpunished, the transitory state of the lease arrangements
26 rendered it undesirable to apply for the exercise of powers before final arrange-
27 ments were made. Now that they are made, an application will be submitted.
28 The result of a want of limited power to enforce rules is that small offences
29 Result isthat smalloffen- always go unpunished, and persons are emboldened to
30 ces go unpunished, consider themselves as having the upper hand, and, seeing
31 that the officer in charge has no power to prevent them, worse acts follow.
32 113. The administration of criminal justice as regards forest offences I am
33 Criminal Courts in relae compelled by the experience of the year to report as ex-
34 BLOB he RGhOes tients. tremely unsatisfactory, and the general bearing of most of
35 the local reports is to two general complaints,—1st, excessive delay and uncer-
36 Excessive delay in trial, tainty in hearing the cases, causing the Foresters and
37 Watchers to attend at a distance from their beats, to the
38 great prejudice of regular forest work and inspection ; and, what is often the
39 Insufficient punishments. C&S¢, the Forester, unable to hear when the case really will
40 come off, and unable also to wait about the Court till it
41 does, he returns to his beat, and then the case coming on is dismissed, as no ono
42 is in evidence for the prosecution. In Jédwalpindi, where the greatest difficulty is
43 felt, cases dismissed in this way are said to form 90 per
44 cent. of the reported cases. I donot say that part of this
45 Result partly duo to result is not due to the ignorance of the Forest Watcher or
46 hel abr phite Lorester in omitting to ask for a distinctly fixed date of
47 of forest officers ; hearing, &c., but certainly it is in great measure due to
48 Bint wet ameter the delay. The other complaint is the extreme inadequacy
49 aes . of the punishments ‘inilicted, and the circumstance that
50 awniectate Picest offence, 10rest cases aro treated as very trivial and sent off to native
51 as such, or junior Magistrates, who themselves fail to appreciate tho
52 important bearing of judicial sentences on the maintenance
53 of forest conservancy, or else, ignorant of the necessity of forest conservancy,
54 almost sympathise with the offenders, or at any rate can hardly be brought to
55 feel that the act charged is a serious offence, or one that demands repression like
56 other crime.
57 _ 14. Tam unwilling, however, that the blame should lie entirely on the
58 criminal administration, and wish to take a considerable share of it on ourselves.
59 Some of the best-worked divisions have been able in a marked manner to dimi-
60 nish the evil, and this is effected—
61 (1.)—By having all subordinate officers under good control, with defi-
62 nite duties and a definite system ot reporting all offences and
63 occurrences, a8 is done in the Bids Division,
64 kawalpindi District.