STATE OF MAHARASHTRA Vs. SUJA KARAN RABBANI

JUDGEMENT

(1.) IN both these criminal writ petitions the facts are identical and they raise a common question of law and, therefore, can be conveniently disposed of by this common judgment.

(2.) THE facts necessary for the disposal of these writ petitions are as follows:- On 16-11-1996 some forest officers, while taking a round by Kakodi-Chichgadh road in a jeep, noticed that the respondent and others were grazing sheep and goats deep inside the compartment No. 660 of the protected forest. On seeing those cattle grazing there, the forest officers went towards the said place, stopped the jeep and got down from it. They had then seized in all 105 sheep and 11 goats which were found grazing in the said compartment of the protected forest. The forest officer, who had seized those cattle under section 52 (1) of the Indian Forest Act, 1927 (hereinafter referred to as the Act ) also found that those cattle ate and damaged forest produce such as grass, young plants of Saja, Bija, Garari, Dhawada, Ghoti and Rohan. The total loss caused by those cattle was estimated to Rs. 77,700/ -.

(3.) ON the next day, i. e. on 17-11-1996, the respondent approached the Range Forest Officer, Chichgadh, and admitted that those cattle belong to him. At that time he also informed the Range Forest Officer that one Karan Deba rabbani was the person who was grazing the cattle in the forest area.