SATHISH AND SUNIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants (hereinafter referred to as 'accused 1 & 2') were tried and convicted for an offence punishable under section 87 of the Karnataka Forest Act, 1963 (for short, 'the Act'). Therefore, they are before this court. I have heard Sri Dinesh, learned counsel for accused and Sri B. Visweswaraiah, learned HCGP for State.

(2.) IT is the case of prosecution that during intervening night of 27/28.03.2003 near Gajanur forest check post, accused 1 & 2 were found in illegal possession of sandalwood billets and sandalwood chips totally weighing 10 kilograms and they were unauthorisedly transporting the same on Hero Honda motorcycle bearing No. KA -20/J -5604 and thereby committed an offence punishable under section 87 of the Act.

(3.) THE learned counsel for accused would submit that prosecution witnesses are interested witnesses. The independent witnesses have not supported the case of prosecution. The evidence of PW3 -B.G. Jagadeesh, the then Range Forest Officer of Shimoga Range that he had examined sandalwood billets and sandalwood chips and certified the same as sandalwood billets and sandalwood chips and issued certificate as per Ex. P.4 cannot be accepted. The prosecution has not produced notification, authorising PW3 to give certificate in relation to forest produce under section 62C of the Act.