PRADEEPKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) No suit or criminal prosecution or other proceeding shall lie against any forest official for any act done or omitted or ordered to be done, in good faith, in pursuance of the Kerala Forest Act (for short, 'the Act'), as per Section 74 read with Section 73 of the Act. So, can the proceedings initiated against a forest official, a 'Ranger', in respect of a seizure made by him be quashed under Section 482 of the Code Is a 'Ranger' entitled to benefit of Section 197 of the Code These are the main questions to be decided in this case.

(2.) Brief facts of the case are as follows: Petitioner is the second accused in a case pending before a Magistrate's court. The second respondent/complainant filed complaint against him and other Forest Officials on the allegation that they took away certain timber logs of Anjili timber from the Wood Industries owned by complainant etc. All relevant documents evidencing lawful purchase of timber were produced by the complainant before the officers. But, ignoring such evidence, those articles were illegally taken away under the pretext of seizing such property under the Act. The accused did not prepare either any mahazar or even a seizure list. Forest officials including petitioner have thus, allegedly committed offence under Section 65 of the Act. The Magistrate's court, after conducting an enquiry under Section 202 of the Code, issued process against the petitioner.

(3.) According to learned Counsel for petitioner, petitioner effected the disputed seizure in good faith and in pursuance of the Act. Therefore, he cannot be prosecuted in view of the bar under Section 74 of the Act. It was also contended that the entire proceedings initiated against petitioner are per se Illegal and hence liable to be quashed. To appreciate the above arguments, reading of Section 74 of the Act is essential. The said provision reads as follows: