BHARATH BHOOSHAN AGGARWAL Vs. FOREST RANGE OFFICER, THAMARASSERRY

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment dtd. 12/8/2005 passed by the Sessions Court, Kozhikode (for short, the appellate Court) confirming the judgment dtd. 13/2/2004 in CC No.36/1996 passed by the Judicial First Class Magistrate Court-II, Thalasserry (in short, the trial Court).

(2.) The revision petitioner is the managing partner of Punjab Aromatics, Kozhikode, a partnership firm engaged in manufacturing and sale of sandal wood oil. On 31/10/1994, the Divisional Forest Officer, Vanasree, Mathottam, Kozhikode along with his party conducted a surprise inspection in the factory of Punjab Aromatics and seized 349 kgs of sandalwood oil stored in the godown. On 8/11/1994, a search was conducted at the premises of Punjab Aromatics and certain documents were seized. Thereafter, on 15/11/1994, samples from the seized sandalwood oil were drawn and forwarded to the chemical examiner, Customs House at Kochi. After conducting enquiry, a complaint was filed against the revision petitioner who was found to be in possession of the sandalwood oil and in charge and responsible for the conduct of the business of the firm for the offences punishable u/s 27(1)(d) and 27(1)(e) of the Kerala Forest Act at the trial Court. The complaint was taken on file as CC No.36/1996.

(3.) The revision petitioner appeared on summons at the trial Court. He was furnished with copies of the relevant documents. After hearing both sides, charge was framed against the revision petitioner u/s 27(1)(d) and 27(1)(e)(iii) of the Kerala Forest Act. The charge was read over and explained to the revision petitioner who pleaded not guilty.