SAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in O.R No.02/2021 registered by the Social Forestry Range, Attingal, alleging that he has contravened Ss. 3, 6 (7), 4 (7)(1), 4 (7)(2) and 4 (7)(3) of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 and as amended by Act 19 of 2007, (hereinafter referred to as 'Act') and thereby committed an offence under Sec. 7 of the Act.

(2.) The petitioner seeks to quash the Occurrence Report ("O.R", for short) and all consequential proceedings on the assertion that even if the allegations in the O.R are accepted in their entirety, they do not attract the offence alleged against the petitioner. The petitioner contends that as the respondents have failed to state the details of the specified trees in the O.R or its schedule, which is mandatory under the Act to attract the offence, the O.R is liable to be quashed.

(3.) The prosecution allegation, in essence, is that, as per the directions of the petitioner, who was the then Secretary of the Varkala Municipality, 440 saplings of fruit bearing trees were planted by the Social Forestry Division, Attingal Range in the property of the Varkala Municipality, but were destroyed on 24/6/2021 in violation of the provisions of the Act.