STATE OF KERALA Vs. JAMES THOMAS

JUDGEMENT

(1.) Three decades and eight years ago, on 07.10.1979, a lorry owned by the petitioner was taken into custody by the forest officials alleging that it was being used to transport Anjili and Kambakom tress and logs cut out of it without authority and that therefore, it was involved in a forest offence. A mahazar for such seizure was recorded, which has been produced by the respondent as Exhibit R1.

(2.) The lorry was subsequently brought to the Office of the Divisional Forest Officer, Ranni, where a second mahazar was prepared by the Duty Guards, wherein the measurements of the timber and logs were recorded. This mahazar further records that the driver and cleaner of the lorry confessed that the timber and logs were loaded from the reserve forest by five other persons, who were not known to them. The driver and cleaner were, therefore, shown as accused in the mahazar.

(3.) It appears that the Beat Guards, Deputy Ranger, Assistant Wildlife Preservation Officer and Divisional Range Officer, Ranni immediately thereafter inspected the reserve forest area and they identified certain stumps of Anjili and Kambakom trees, which were suspected to be that of the trees that were being illicitly transported. They, therefore, prepared a third mahazar, a copy of which has been produced as Exhibit R3, wherein, it is recorded that the trees were cut by a certain Mr.Joseph Mathew and his men M/s. Sukumaran Papa, Kuruvilangattil Thomas, Baby Ittikkal, Nanu Janardhanan, Pampadi Thomas Kunjumon and Vazhappanadi Thomas Philip. All these persons have been shown as accused in this mahazar.