BHARATH BOOSHAN AGGARWAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal by special leave, questions a judgment of the Kerala High Court; Dated 19-12-2008, in Crl. A No. 556/2001 reversing the judgment of the learned Sessions Judge and consequently, restoring the conviction and sentence (of 3 years ' imprisonment) for the offence punishable under Section 27 of the Kerala Forest Act (hereafter "the Act").

(2.) The first appellant is a partner of the appellant 's firm, and claims to be manufacturer and trader of sandalwood oil. On 4 January 1994, upon receipt of information, officials of the Kerala Forest Department seized 37 cartons containing 460 kgs of sandalwood oil at Karipur airport, belonging to the appellants. Later a criminal complaint was filed by the State, wherein it was alleged that the appellants ' premises were searched in the course of investigation, which in turn yielded in seizure of another 73.6 kgs of sandalwood oil. The appellant resisted the charges of illegal possession of forest produce, and its movement, stating that they processed and manufactured sandalwood oil, which was then exported to four different countries. The complaint filed by the Kerala Forest Department, alleged that sandalwood oil was a forest produce and without a transit licence, its movement too was illegal.

(3.) In the criminal proceedings which ensued after initiation of the complaint, the appellant denied criminal responsibility arguing, among others, that sandalwood oil was not a forest produce and rather, that sandalwood was. It was urged, that regardless of this, a valid and subsisting licence authorized the appellant to manufacture sandalwood oil. The prosecution examined four witnesses; the appellant relied on the testimony of two defense witnesses. After considering the materials on record, the Judicial Magistrate Thamarasserry (hereafter "the trial court") by judgment; dated 19.08.1997 convicted the appellant as charged and sentenced him to pay Rs. 2000 as fine and undergo rigorous imprisonment for three years under Section 27 (1) (d) of the Act and six months, under Rule 3 (iii) read with Rule 23 of the Kerala Forest Produce Transit Rules (hereafter "the Rules").