GANGADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioners and 8 others were charge sheeted in C.C.838 of 1997 before Judicial First Class Magistrate, Wadakkancherry for having committed an offence punishable under Section 4 and 9(a) of the Kerala Preservation of Trees Act, 1986 (hereinafter referred to as the 'Act'). The charge against the accused is that on 30.5.1995, the Range Officer, Machad got information that the accused cut and removed 14 rosewood trees from Keerithadam estate in Asurakundu Atoor Village, Machad Range and thereby committed the offence. When he arrived at the place of occurrence, A1 to A4 were found at the place of occurrence and on the basis of information given by accused 1 to 4, the owner of the estate and others were arrayed as accused and a complaint was filed in the trial court.

(2.) To prove the allegation, prosecution examined PW1 to PW8 and marked Ext.P1 to P12 in evidence. The incriminating circumstances brought out in evidence were denied by the accused while questioning them. Ext.D1 and D2 were marked from the side of accused. Trial court convicted A1 to A4 and acquitted accused 5 to 12. Against that A1 to A4 preferred an appeal, which was dismissed by the appellate court. Being aggrieved by that, they preferred this revision petition.

(3.) Heard both sides. The main contention advanced by the learned counsel appearing for the petitioners is that Government notification in the gazette appointment of authorised officers not below the rank of rangers for the purpose of this act was not produced in the trial court. Moreover complaint was filed without obtaining previous sanction of such officer and the restriction is for the notified trees alone.