C LAKSHMINARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS revision is filed against the order of the Deputy Conservator of Forests cum Authorised Forest Officer in Order No. AA:upa:a:sam:bem:358:96-97 dated 30-9-1996, where under the rose wood measuring 2. 583 Cft, belonging to the petitioner came to be confiscated.

(2.) BEING aggrieved, the appellant preferred an appeal before the learned City Civil and Sessions Judge. The learned trial Judge, while dismissing the appeal confirmed the order of the Court below. Hence this revision.

(3.) ACCORDING to the prosecution version, on 25-1-1994, on credible information, the mobile squad of the Forest Department conducted a raid on the premises bearing No. 25, situated at 4th Cross, Malleswaram, belonging to the petitioner. The Forest Authorities found that the petitioner was in possession of 2. 583 cft. of rose wood pieces. He did not have necessary permit or license for such possession and he was also not able to properly account the source for possession. Accordingly, a case is registered against the petitioner and 2. 583. cft of rose wood was seized and confiscation proceedings were initiated on the ground that the petitioner has contravened the provisions of S. 104 (A) of the Karnataka Forest Act read with 127 of the Karnataka Forest Rules (hereinafter refer to as 'act' and 'rules' for short ).