REGENT COMPUTRONICS PVT. LTD.

KHUSHBOO ENTERPRISES, CALICUT Appellant

V/S

FOREST RANGE OFFICER, PALAKKAD Respondents

Referred Judgements :-

STATE OF BOMBAY VS. HOSPITAL MAZDOOR SABHA [REFERRED TO]
ARDESHIR H BHIWANDIWALA VS. STATE OF BOMBAY NOW MAHARASHTRA [REFERRED TO]
MANMOHAN DAS SHAH VS. BISHUN DAS [REFERRED TO]
SOUTH GUJARAT ROOFING TILES MANU FACTURERS ASSOCIATION VS. STATE OF GUJARAT [REFERRED TO]
KRISHI UTPADAN MANDI SAMITI KANPUR KRISHI UTPADAN MANDI SAMTTI KANPUR VS. GANGA DAL MILL AND CO:BRIJ MOHAN VISHNU KUMAR [RELIED ON]
RATHI KHANDSARI UDYOG VS. STATE OF UTTAR PRADESH [RELIED ON]
RESERVE BANK OF INDIA UNION OF INDIA PEERLESS GENERAL FINANCE AND INVEST MENT CO LIMITED STATE OF WEST BENGAL VS. MENT COMPANY LIMITED:PEERLESS GENERAL FINANCE AND INVEST MENT COMPANY LIMITED:RESERVE BANK OF INDIA:PEERLESS GENERAL FINANCE AND INVEST MENF COMPANY LIMITED [REFERRED TO]
KISHAN LAL OM PRAKASH VS. STATE OF RAJASTHAN [REFERRED TO]
MUNICIPAL CORPORATION OF GREATER BOMBAY VS. INDIAN OIL CORPORATION LIMITED [REFERRED TO]
FATESANG GIMBA VASAVA VS. STATE OF GUJARAT [DISTINGUISHED]
KANGUNDI INDUSTRIAL WORKS KUPPAM VS. GOVT OF ANDHRA PRADESH [OVERRULED]
P MOHAMMED ALI VS. FOREST RANGE OFFICER [OVERRULED]

JUDGEMENT

(1.) This petition is to quash the proceedings in CR. No.55 of 1992 taken under S.51(1) of the Kerala Forest Act, 1961 (for short 'the Act'). Petitioner contends that the charge is not maintainable as 'sandalwood oil' is not a 'forest produce'. In support of the said contention, petitioner relied on the decision of the learned single Judge in Crl.M.C. No.832 of 1992 (Annexure XV) wherein the learned single Judge held that sandalwood oil is not a forest produce.

(2.) When this matter came up for admission before another learned single Judge, His Lordship doubted the correctness of the decision in Crl.M.C. No.832 of 1992 (Mohammed Ali v. Forest Range Officer - 1992 (2) KLT 502 ) and expressed the view that the matter has to be considered by a Division Bench. That is how this came up before us.

(3.) Brief facts required for the disposal of the petition are as follows:

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KHUSHBOO ENTERPRISES CALICUT Vs. FOREST RANGE OFFICER PALAKKAD

Referred Judgements :-

JUDGEMENT

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