DINESH SHETTY Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) On 2/5/2015, the respondent/police having received credible information and based on the said information, they seized wooden logs and Canter vehicle transporting the said wooden logs and registered a case against the petitioner and other accused for the offence punishable under Ss. 80, 33, 71(A) and 62 of the Karnataka Forest Act and also under Sec. 165 and 144 of the Karnataka Forest Rules and so also under Ss. 279 and 420 of the Indian Penal Code, 1860.

(2.) The police, after investigation submitted charge-sheet before the learned Magistrate against the petitioner. Being aggrieved by the same, the petitioner has filed the present writ petition.

(3.) The learned Counsel for the petitioner would submit that Sec. 62(3) of the Karnataka Forest Act 1963 specifies that every officer seizing any property under this Sec. shall, as soon as may be, make a report of such seizure where an offence on account of which seizure has been made is in respect of timber belonging to the Government, to the concerned authorized officer under Sec. 71-A; and in other cases, to the magistrate having jurisdiction to try the offence on account of which the seizure has been made. It is further contended that in the present case, admittedly wooden logs does not belong to the Government, and under such circumstance, seizure of the wooden logs and registration of FIR against the petitioner under Sec. 62(2) of the act is not in accordance with law. The alleged offences against the petitioner is cognizable and non-bailable, and under such circumstances, the police without registration of the FIR have seized wooden logs and the same is without authority of law. In support of his contentions, he had placed reliance on the following decisions: