STATE OF KERALA Vs. ANCY PHILLIP

JUDGEMENT

(1.) Leave granted.

(2.) The respondents were prosecuted under the provisions of the Kerala Forest Act, 1961 (hereinafter referred to as 'the Act') alleging that they had cut and removed certain trees from the forest. The respondents/accused denied the prosecution case and, during the course of the trial, they insisted that the timber, which was seized by the forest officials during the course of investigation, is to be produced in the Court. They approached the High Court by filing O.P. No. 25171 of 1999 praying to issue a writ of mandamus directing respondent Nos. 2 and 3 therein to issue pass and permit enabling the first petitioner therein to transport rosewood timbers and rosewood billets as per Exts. P2 and P2 (a) from Vayaloor Pettickal in Palakkad District to Ernakulam. In the same petition, they also prayed for a direction to the Divisional Forest Officer, Agali for disposal of their representation Ext. P6 expeditiously. By order dated 02.06.2000, the learned Single Judge directed the officer, who registered the case, for production of timber in question before the appropriate Court within one month from the date of receipt of copy of the order. With the said direction, the learned Judge disposed of the writ petition.

(3.) Aggrieved by the said direction, the State of Kerala and two officers of the Forest Department filed Writ Appeal No. 2246 of 2000 before the Division Bench. The Division Bench, by impugned order dated 31.01.2006, placing reliance on Section 54 of the Act and finding no infirmity in the direction issued by the learned Single Judge for production of the timber before the appropriate Court dismissed the writ appeal. The said order is under challenge before this Court in this appeal.