SHABBIR AHAMMAD Vs. STATE

JUDGEMENT

(1.) Heard Sri.K.V.Sateeshchandra, learned counsel for the petitioner and Sri.Divakar Maddur.M, learned High Court Government Pleader for respondent/State.

(2.) The petitioner has filed this petition under Sec. 439 of Cr.P.C., praying to grant bail in FOC.No.13/2023-24 of Range Forest Officer, Shankar Range, Shivamogga, on the file of III Addl. Civil Judge and JMFC, Shivamogga, for the offences punishable under Ss. 62, 71(A), 84 and 86 of Karnataka Forest Act and Rule 144 of Karnataka Forest Rules.

(3.) Brief facts of the prosecution case are as under: On 24/9/2023, the R.F.O of Kasaba Range lodged a complaint alleging that they had seized sandalwood billets weighing 8.120 kgs in the compound of departmental guest house situated at Alkola, Shivamogga. During investigation, as per the information of Forest Officer, Shivamogga Range, on 15/10/2023, the R.F.O of Kasaba Range apprehended the accused near Medical, New Madli on Shivamogga-Thirthahalli road and recovered 6,400 grams sandalwood flakes and motor-cycle from accused under the seizure Panchanama. Hence, it led to registration of F.I.R and investigation. It is contended that the petitioner is innocent, law abiding citizen and he has not committed any offence, but he has been falsely implicated in this case. As per the first information report, the sandal wood billets referred to was 8,140 grams. As per prosecution case, the sandal wood billets were weighing 8,120 grams and as per the report of seizure, the sandal wood billets weighing 6,400 grams were seized. Therefore, there is variance in recovery of sandal wood billets. There is inordinate and unexplained delay in lodging the complaint. There are no eye-witnesses to the incident and the Police have not recovered the sandal wood billets under the seizure panchanama. Hence, prays to allow the petition.