PAPANNAN Vs. STATE BY FOREST RANGE OFFICER

JUDGEMENT

(1.) THIS Criminal Original Petition, challenging the legality of the order of the learned Chief Judicial Magistrate, Vellore dated 31.1.2007 in C.C. No. 6 of 2000 on the file of Special Judicial Magistrate No. IV, Tirupattur, transferring the said case again to the very same magistrate after the case had been referred to the Chief Judicial Magistrate under Section 325 Cr.P.C, has been filed invoking the inherent powers of the High Court under Section 482 Cr.P.C

(2.) THIS Court heard the submissions made by Mr. P.G. Perumal Pandian, learned counsel for the petitioner and Mr. I Paul Nobel Devakumar, learned Government Advocate (Crl.side) representing the respondent. The materials placed on both sides were also perused.

(3.) AS per the amended Section 36-E of Tamil Nadu Forest Act, an offence of contravention of Section 36-E of the Act is made punishable with imprisonment, which may extend to five years and with fine, which may extend to Rs. 20,000/-. However, a proviso has also been appended prescribing minimum sentence of imprisonment and minimum fine to be imposed in such cases. AS per proviso (a), minimum sentence of imprisonment is two years and the minimum fine is Rs. 7,500/- for the first offence. AS per Clause (b), for a second or subsequent offence, minimum imprisonment is for three years and the minimum fine that has to be imposed is Rs. 15,000/-. Therefore, the amendment brought to Section 29(2) has empowered the Sepcial Judicial Magistrate, Tirupattur to impose the minimum sentence of imprisonment and fine referred to in Clause A of the proviso to Section 36-E of the Tamil Nadu Forest Act. Taking note of the said supervening event, the learned Chief Judicial Magistrate, by the impugned order dated 24.11.2004, has retransmitted the case again to the Special Judicial Magistrate, Tirupattur for disposal according to law. The said order is impugned in the present petition seeking intervention of this Court by invoking its inherent power under Section 482 Cr.P.C.