E.K.HANEEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed by the sole accused in OR.No.24/2012 on the files of the Judicial First Class Magistrate, Muvattupuzha registered for the offence under Rule 3 (iii) punishable under Section 23(1) of the Kerala Forest Produce Transit Rules 1975 (for short 'the Rules').

(2.) The prosecution allegation is as follows:

(3.) The learned counsel for the petitioner/accused has submitted that the petitioner has entered into an agreement for sale with one Jose, son of Kaavukatt Augasthi and Antony, son of Kaavukatt Kurian on 2011 and cut down 32 trees of teak and some trees of Irul and Marudi from their private property for consideration and transported and stacked in his premises. The trees were cut and removed in the month of March 2011. On 6.9.2012, the officials of the Forest Department booked him for the offence aforesaid in OR.No.24/2012. According to the learned counsel, no forest offence has been committed by this petitioner as the trees were cut and removed from the private property owned by the aforementioned Jose and Antony for valuable consideration and hence the registration of the case by the forest officials against him has to be quashed and hence this petition. He relies on Annexure 1, the agreement executed by him with Sri Jose and Sri Antony as early as on 2011. Annexure 2 is the charge sheet filed against this petitioner for having committed an offence under Rule 3 (iii) and punishable under 23 (1 )of the Rules.