JEMES JOSEPH Vs. DEPUTY RANGE OFFICER

JUDGEMENT

(1.) This petition is filed under Section 482 of Code of Criminal Procedure by the accused in O.R. No. 17/1999 of Palakkayam Forest Station, Mannarkkad, pending before Judicial First Class Magistrate's Court, Mannarkkad, to quash Annexure-7 occurrence report and all further proceedings taken thereunder. Annexure-7 occurrence report was filed before Judicial First Class Magistrate's Court, Mannarkkad by Deputy Range Officer, along with Annexure-B copy of mahazar, where under, twenty six trees cut by the petitioner worth Rs. 80.000/- and timber worth Rs. 2,500/- were seized on 22.11.1999 alleging that the trees were cut in violation of Section 5 of Kerala Preservation of Trees Act, 1986 (hereinafter referred to as 'the Act'). The trees were subsequently released to the petitioner by the Magistrate on a petition filed under Section 451 of Code of Criminal Procedure, under Annexure-l0 order dated 2.3.2006. Petitioner would contend that Section 5 of the Act does not apply to the facts of the case at all and in any case, as provided under Section 13 of the Act, only the authorised officer is entitled to submit a report of seizure before the Magistrate and the Deputy Range Officer is not an authorised officer, as notified under Section 13 and therefore, the entire proceedings is vitiated. It is also contended that even though the seizure was in 1999, a final report is not so far submitted and therefore, continuation of the proceedings as against the petitioner is only an abuse of process of the court.

(2.) Learned Counsel appearing for the petitioner and learned Public Prosecutor were heard.

(3.) As learned Public Prosecutor submitted that a final report was prepared in November itself, learned Magistrate was directed to report whether a final report is submitted in the case and if submitted, whether cognizance is taken and if cognizance is taken, the number of the case pending. Learned Magistrate, as per letter dated 6.1.2010, reported that final report is not yet submitted before the court. Along with the letter, a report submitted by the Deputy Range Officer, Palakkayam Forest Station, who prepared Annexure-7 occurrence report, is also attached. The said report of the Deputy Ranger, dated 6.1.2010, reveals that investigation in the case was completed and a final report was submitted for sanction before the Divisional Forest Officer, Mannarkkad on 17.5.2002 and sanction is not so far granted.