SIVARAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners challenge the concurrent verdict of guilty, conviction and sentence passed under S.27(1)(e)(iv) of the Kerala Forest Act. Though the complaint was filed alleging offence under S.27(1)(e)(iii) also, the accused were found not guilty of that offence. Since there is a concurrent finding of fact regarding the act complained of, the only point that has been canvassed by the learned counsel for the petitioners is that though the prosecution contended that the area alleged to have been trespassed upon by the accused is a reserve forest the original or the certified copy of the notification issued under S.19 of the Act was not produced before Court and so the conviction is unsustainable. It is submitted by the learned counsel that production of the original or the certified copy of the notification under S.19 is a pre - requisite for finding the accused guilty of the offence under S.27 of the Act. It is argued that what was produced before the Court was only an unattested photocopy of the notification.

(2.) On the premise that, what was produced was only an unattested copy of the notification, arguments were addressed at length by the learned counsel for the petitioners stating that the conviction is unsustainable. In Chacko Paily and Others v. State of Kerala, 1966 KHC 21 : 1966 KLT 102 : 1966 KLJ 76 : ILR 1966 (1) Ker. 320 : 1966 KLR 125 a Division Bench of this Court held:

(3.) So far as the case on hand is concerned, the argument advanced by the learned counsel for the petitioners is totally untenable and misplaced. Ext. P2 is the copy of the gazette notification which was attested by the Chief Conservator of Forest. There is a clear certificate in Ext. P2 that it is the copy of the notification published in page No. 569 of the Travancore Government Gazette No. 25 dated 24/06/1902 under date 13th June, 1902. It was attested on 07/02/1994. The designation seal of the Chief Conservator of Forest and the office seal are seen affixed on it. It was held by this Court in State of Kerala v. Adichan Sasi, 1975 KHC 136 : 1975 KLT 839 thus: