LAWS(KER)-2022-11-185

JOSE Vs. STATE OF KERALA

Decided On November 08, 2022
JOSE Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This is a petition, filed under Sec. 482 of the Code of Criminal Procedure, to quash Annexure A4 report, filed before the Judicial First Class Magistrate Court, Irinjalakkuda, which led to the registration of C.C.No.2198/2017, pending before that court.

(2.) Heard the learned counsel for the petitioners as well as the learned Government Pleader Sri.T.Jayan, appearing for the State of Kerala, representing Forest Department.

(3.) The legal question that has been posed in this matter is the competency of the Forest Range Officer to file a report, as mandated under Sec. 9(3) of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 (for short 'the Act, 2005' hereinafter). It is argued by the learned counsel for the petitioners that, as per Sec. 9(1) the Act, 2005, an Officer not below the rank of a Forester, if he has reason to believe that any tree has been cut or any timber has been transported in contravention of Sec. 6, he may seize the timber together with all tools, ropes, chains and other articles used in the commission of such offence and all vehicles, boats or animals used for carrying such timber. Sec. 9 provides that every Officer seizing any timber shall report the same to the Divisional Forest Officer and as per Sec. 9(3), the Divisional Forest Officer is the competent person to file a report after satisfying that the timber mentioned in such report is of any tree transported in contravention of Sec. 6, before the competent Judicial First Class Magistrate Court.