P MOHAMMED ALI Vs. FOREST RANGE OFFICER

JUDGEMENT

(1.) The Criminal Revision petitions are filed against the common order in C.C.145of 1988 and C.C. 148 of 1988 by the Chief Judicial Magistrate, Ernakulam. The Criminal Miscellaneous Case is filed to quash O.R.55/92 pending before the second respondent.

(2.) Contention of the petitioners is that sandal wood oil would not come within the definition of 'forest produce' under S.2(f) of the Kerala Forest Act. S.2(f) of the Act defines 'forest produce' thus:

(3.) The question that arises for consideration is whether sandal wood is a forest produce. Petitioners contend that wood oil mentioned in S.2(f) of the Act is an entirely different category and sandal wood has nothing in common with it. The learned Chief Judicial Magistrate held that wood oil would include sandal wood oil as well and hence it is a forest produce.