RAJAN Vs. STATE

JUDGEMENT

(1.) Petitioner in C.M.P.No.7347/2014 on the file of Judicial First Class Magistrate Court (for trial of Forest Offences), Nedumangad is the revision petitioner herein.

(2.) He is conducting a handicraft unit in Muttathara in Thiruvananthapuram District. On 04.03.2014, he had purchased 161 kgms of sandalwood from Marayoor Sandal Division by remitting Rs.14,61,395/- being the value of the sandalwood purchased. On 04.08.2014, Forest Officials took away all the finished and unfinished handicrafts articles without any reason. He filed an application for interim custody of those articles as C.M.P.No.7347/2014 stating that he was conducting the unit for long time and used to purchase sandalwood from Mysore, Salem and Marayoor Forest Depots and making handicrafts using the same and Forest Officials used to conduct inspection and they have verified the same and made endorsement in the respective registers. Only on 04.08.2014, when the Forest Officials came, they took away the articles without assigning any reason and he had not committed any offence and so, he prayed for interim custody of those articles. The Forest Officials opposed the application and the learned magistrate by impugned order, dismissed the application. Aggrieved by the same, the present revision has been filed.

(3.) Heard the Senior Counsel Shri. T. Krishnanunni appearing for the revision petitioner and Shri.M.P.Madhavankutty - Special Government Pleader for Forest Cases.