S. SELVARAJ Vs. INSPECTOR OF PO

JUDGEMENT

(1.) The petitioner is the accused in B.F.I.R. No. 27 of 1991 in Cr.No.701 of 1991 on the file of the Inspector of Police, Forest Cell Crime Branch, Adyar, Madars-20 now pending before the learned second Metropolitan Magistrate, Egmore, Madras. He has filed this petition under Sec. 482 of the Code of Criminal Procedure for quashing the said F.I.R. on various grounds, inter alia, that the petitioner is a licensed dealer for possession and for selling red sandalwood under the name and style of Good Will Internationals", having his office at No. 12, Temple Street, New Avadi Road. Kilpauk, Madras-10. He has got the registration certificate and special permit for carrying on the abovesaid business from the District Forest Officer and the same is being renewed from time to time. The respondent-police visited the business premises of the petitioner on 8-7-1991 and when asked by the respondent, the petitioner produced a certificate obtained from the Forest Utilisation Officer, Madras to the effect that the petitioner has applied in time for the renwal of registration and license for Red Sandalwood for 5540 kgs. for the year 1991-92 and the same would be processed and considered and orders would be passed in due course. But the respondent did not care to see the certificate and other relevant documents; but seized the Red Sandalwood available in the business premises weighing about 3857 kgs. and arrested the petitioner besides registering a case in Crime No. 701 of 1991 under Sec. 35(B) of the Tamil Nadu Forest Act, 1982, read with Rule 9 of the Tamil Nadu Timber Transport Rules.

(2.) The case of the prosecution is as follows; On 8-7-1991 at 2.00 P.M.. the Inspector of Police Food Cell on information that Red Sandalwood and Timber were kept in Good Will International premises Door No. 12, Temple Street, New Avadi road, Kilpauk without licence went and found on inspection the Red Sandalwood weighing 3857 Kgs. valued about Rs. 57,855.00 and the proprietor, Selvaraj, the petitioner herein did not possess or produce any license for keeping Red Sandalwood in possession at the abovesaid premises and is liable to be proceeded under Sec. 35(B) of the Tamil Nadu Forest Act read with Rule 9 of the Tamil Nadu Timber Transit Rules, 1968.

(3.) In order to possess Red Sandalwood, one has to secure (1) the Registration Certificate in Form IV and (2) Special Permit issued by the District Forest Officer in Form VI and the mandatory requirement for getting the said Registration Certificate and Special permit all that is required is (i) the petitioner has to apply for the District Forest Officer in the prescribed form and (2) the applicant has to remit a sum of Rs. 50.00 for registration and renwal of property mark and to produce the challan. After receipt of application and fees, the District Forest Officer will in turn, forward the application to the Chief Conservator of Forests for appropriate order thereafter, the Chief Conservator of Forests would direct the District Forest Officer to inspect the business premises and to send the report. After receipt of the said report, the Chief.Conservator of Forests will issue orders. Due to the abovesaid procedural formalities, the Forest Department would invariably take sometime for scrutiny of the application and inspection of the business premises.