HANEEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Cr.P.C.

(2.) The applicant herein is the accused in O.R. No.3 of 2019 of the Ottappalam Forest Range. He is accused of having committed offences punishable under Section 379 of the IPC and Sections 47A , B, C(1), D, E, F, G, H (N) and 52 of the Kerala Forest Act, 1961.

(3.) According to the prosecution, on 16.01.2019 at midnight, clandestine activities were noticed by the Officers of the Koppam Police Station near to the Vidyanikethan School, Mulayankavu. Certain goods were being transported from a lorry to a pick up van. One Muhammed and Rajan were found at the spot and they were taken into custody. The vehicles found at the spot were also seized. On inspection, it was found that the sacks contained sandalwood logs weighing about 1805 kilograms. The statement of the arrested accused were recorded. One of the accused is alleged to have confessed to the forest officers that it is as per the directions of his uncle, one Kabeer, that he had collected the sandalwood and had come to the spot. On further enquiry with regard to the identity of the owner of the sandal wood, the arrested persons disclosed that, it was owned by the aforesaid Kabeer and one Mani of Cherukode. The same version was given by the 2nd accused as well. According to the prosecution, Cherukode Mani is none other than the applicant herein, whose name is K.P.Haneefa.