A STEPHEN Vs. FOREST GUARD

JUDGEMENT

(1.) THE prayer of the writ petitioner is to forbear the second respondent, Forest Ranger from conducting any investigation in terms of the case registered by him in OR. No. 59/2005 dated 05. 05. 2005.

(2.) ACCORDING to the petitioner, there are three civil cases pending between him and the Forest Department in the District Munsif Court at Dindigul. They were O. S. No. 38/2003, O. S. No. 309/2003 and O. S. No. 399/2003. The petitioner claims that he had resisted the illegal felling of trees from the reserved forest. With a view to retaliate the petitioner's move, the second respondent registered a case under Section 21 (d) (g) of the Tamil Nadu Forest Act, 1882 as well as under Section 20 (i) (a) and (b) of the Narcotic Drugs and Psychotropic substances Act, 1985, (for short NDPS Act), in OR. No. 59/2005. It is contended that the second respondent has no power to deal with NDPS Act, as he was not authorized under Section 42 of the said Act. But on a remand requisition submitted by the second respondent, the Judicial Magistrate Court No. III, dindigul remanded him to judicial custody on 27. 04. 2005.

(3.) THE full particulars of the arrest was not given to the petitioner and he was desisted from putting forth all circumstances before the judicial Magistrate, thereby depriving him the statutory and constitutional protection ensured under law. The fact that the petitioner was brought by a person who was not empowered under the NDPS Act before the Judicial Magistrate was improper and illegal.