SANKAR Vs. STATE

JUDGEMENT

(1.) These revisions have been filed by the accused, who have been convicted by the trial Court for an offence under S. 36-A read with S. 36-E of the Tamil Nadu Forest Act (Act 5 of 1982) and sentenced to undergo imprisonment for a period of 2 years and also convicted for an offence under Sec. 21(d) and (f) of the same Act, with no separate sentence, challenging their conviction and sentence.

(2.) The gravamen of the charge against the petitioners was that on 5-10-1982, they trespassed into the Manmalai Reserve Forest in Theettukkal Range, removed forest produce namely sandalwood and each petitioner was found to be in possession of sandalwood in excess of 5 kg. without a valid licence for such possession.

(3.) On 5-10-1982, P.W. 1 the Forest Ranger, on information, headed a mobile party to prevent sandalwood removal. At 5.30 p.m., the petitioners and 6 others, who were tried along with the petitioners, were found climbing down inside the forest area with sandalwood billets on their head. All the 12 were rounded up and it was seen that they in all, carried 64 sandalwood billets. P.W. I took the measurement of each billet and gave a mark to all the 64 billets. Statements under Exhibits P.1 to P.10 were obtained from them. All the 12, together with the 64 billets M.O.1 series, were taken to the Forest Rest House at Sobanapuram and on weighing each of the 64 billets, it was found that together, they weighed 471.300 kgms. Under Ex. P.11 the remand report, the accused were sent to the Judicial Magistrate for remand. Under Ex. P.12, the Form 95 M.O.1 series were remanded to Court. P.W. 1 gave Ex. P.14 complaint to the concerned police. P.W. 2, the Inspector of Police registered a case in Cr. No. 149/82 under Sec.21(d) and (f) of the Tamil Nadu Forest Act (hereinafter referred to as the Act). He took up investigation and after completing it, laid charge-sheet against the petitioners and the 6 others.