INSTRUMENTATION LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITION filed under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.").

(2.) PETITIONER herein is a company incorporated under the Companies Act, 1956 and it is a Government of India undertaking. The company is represented by its General Manager. Forest Range Officer, Walayar registered O.R. No. 3 of 2010 of Walayar Forest Range alleging that the petitioner/accused has committed offences under Section 27(1)(e) (iii), (iv) and (b) of the Kerala Forest Act, 1961 (in short, "the Act of 1961").

(3.) IT is an admitted fact that the petitioner company at present owns and possesses 55.5632 hectares (equivalent to 138 acres) of land in Block 35, survey No. 37/2 of Puthussery West Village. Factory of the company and the township are situated in the said property. Forest Department has a contention that a portion of the property is an ecologically fragile land coming under the provisions of the Ke rala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (in short, "the Act of 2003"). Section 2(c) of the Act of 2003 defines 'forest' in the following terms: