K VIJAYAKUMAR Vs. STATE

JUDGEMENT

(1.) The revision petitioners herein are the accused in C.C. No. 631 of 2002, on the file of the Judicial Magistrate III, Thiruppathur, and they were convicted for the offence under Sections 36(A) & (E) of Tamil Nadu Forest Act and sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs. 7,500/- each in default to undergo simple imprisonment for six months and the sentence are to run concurrently. The said conviction and sentence were confirmed by the learned Additional Sessions Judge (Fast Track Court), Vellore. Aggrieved by the said conviction and sentence, the petitioners preferred this criminal revision.

(2.) The case of the prosecution in brief is as follows:

(3.) Mr. V. Parthiban, learned Counsel appearing for the petitioners submitted that the properties said to have been seized by the Forest officials has not been produced before the court and as such, the seizure of the property has not been established by the prosecution. He also relied on the decision of the Honourable High Court reported in, Seerangan v. Forest Range Officer, Salem, 2005 CrLJ 987 wherein it has been held as follows: