M G SINGARAVELU Vs. STATE

JUDGEMENT

(1.) THE above criminal original petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 praying to call for the records relating to the order dated 18.6.2003 made in Crl.M.P.No.1987 of 2003 in C.C.No.1613 of 1992 by the Court of Special Judicial Magistrate, Tirupattur, Vellore District and set aside the same and direct the respondents to pay compensation.

(2.) ON perusal of the materials placed on record and upon hearing the learned counsel for the petitioner and the learned Government Advocate on the criminal side, it comes to be known that the petitioner was the first accused in the case registered by the respondents in C.C.No.1613 of 1992 before the Court of Special Judicial Magistrate, Tirupattur for the offences punishable under Section 120-B IPC, Sections 21(d),(e)(f) and Section 36(A) and (E) of the Tamil Nadu Forest Act and r/w.Rule 3(1) of the Sandalwood Possession Rules; that during investigation, the respondents seized and produced 48 sandalwood items before the Court as case property, which were in turn entrusted to the second respondent by the Court for safe custody; that after full trial, the said criminal case ended in acquittal by the judgment of the trial Court dated 28.9.2001, but since the trial Court has ordered confiscation of the said case property, the petitioner herein has preferred a Criminal Appeal No.114 of 2001 before the Court of the Principal Sessions Judge, Vellore and the said Court, by its judgment dated 24.4.2003, has allowed the appeal setting aside the order of confiscation passed by the trial Court further ordering return of the properties, seized and produced before the trial Court, to the petitioner herein and since the respondents have not preferred any revision against the judgment of the appellate Court, the said order has become final.

(3.) ON the part of the learned Government Advocate, he would not only trace the facts but also would particularly point out that it is a mega scandal involving sandalwood worth Rs.100 crores and some firewood was set on fire showing the same as the sandalwood by some forest officials in connivance with some persons and Justice A.Raman commission appointed to enquire into the alleged incident indicated involvement of certain political elements as a result of which a case was registered and the investigation was entrusted to the CBCID, Vellore; that the learned Special Judicial Magistrate has passed an order confiscating the properties and that Section 49(A) of the Tamil Nadu Forest Amendment Act 44/92 specifically authorise the forest officials to confiscate the case properties involved in the forest offences irrespective of launching of the prosecution or not; that steps were being taken for filing a criminal revision case as against the order of the Court of Sessions and in these circumstances, the learned Government Advocate would pray to dismiss the above application filed under Section 482 of the Code of Criminal Procedure.