T RAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These revision petitioners were prosecuted in C.C.No.641/2002 in the Court of the J.M.F.C., Koppa, for an offence punishable under Section 87 of the Karnataka Forest Act r/w 379 of the Indian Penal Code. On 29.10.2002, they had been found travelling in a bus bearing No. KA-18/A 4884 belonging to Sahakara Sarige. The prosecution contended that a bag containing sandal wood chips was found in their possession. Alleging that they had cut a sandal wood tree and removed the chips from the forest, they were tried for an offence punishable under Section 87 of the Karnataka Forest Act r/w Sec. 379 of the I.P.C. After trial, they were convicted by the Learned J.M.F.C. for the said offence and each of them was sentenced to undergo imprisonment for 3 years and to pay a fine of Rs.10,000/-, in default to undergo S.I. for one year. The appeal preferred by them in Crl.A.123/04 was dismissed by the Learned Sessions Judge on 18-10-2005. Challenging both the judgments, the present revision petition has been preferred.

(2.) Sri. H.P. Leeladhar, Learned Counsel for the petitioners submits that in view of enhancement of sentence for the offence punishable under Section 87 of the Karnataka Forest Act by the amendment to the Karnataka Forest Act in 2001, which amendment came into force from September 2002, the, offence was triable by a Court of Sessions, as stipulated in part-II of the I Schedule to the Code of Criminal Procedure and therefore the trial conducted and decision given by a Magistrate of the First Class was without jurisdiction.

(3.) Sri. Satish R. Girji, Learned High Court Government Pleader after verifying the provisions of the Karnataka Forest Act as amended submits that since there is no special provision in the Karnataka Forest Act empowering a Magistrate to try an offence under the Karnataka Forest Act carrying a sentence exceeding seven years, the provisions of the Code of Criminal Procedure will prevail and therefore in case, this Court accepts the plea of the revision petitioner, the matter may be remanded for fresh trial by the Sessions Judge.