NADIKATLA SURYANARAYANA Vs. FOREST RANGE OFFICER

JUDGEMENT

(1.) The Judicial 2nd Class Magistrate, Parvatipuram convicted the accused K. Lakshmi Narayan and Alladi Lakshmana Rao of an offence under Sections 35 and 36 of the Madras Forest Act read with Rule 2 of the Timber Transit Rules and sentenced them to fine of Rs. 100 each and in default to suffer one week's simple imprisonment. The learned Magistrate besides, directed confiscation of the lorry along with the other material objects as contemplated by Section 43 of the Madras Forest Act. There was no appeal against this order of conviction with the result that the order of conviction against the said accused became final. As the lorry was directed to be confiscated, the lorry owner, N. Suryanarayana, preferred this appeal (Criminal Appeal 59 of 1965) before the Additional Sessions Judge, Srikakulam. Two questions mainly arose for consideration in this appeal. The first was whether the word "shall" used in Section 43 of the Andhra Pradesh (Andhra Area) Forest Act 1882 as amended by Act II of 1963 is mandatory in its implication and effect and the second was if so, whether that Section in its amended form is ultra vires the powers of the State Legislature as violative of Articles 13, 14 and 31 of the Constitution of India.

(2.) The learned Additional Sessions Judge without coming to any definite conclusion on the above points, has referred both the questions for decision of this Court. The said questions read thus :

(3.) As this reference purports to have been made under Section 432 Criminal Procedure Code, we may notice here the said provision which, so far as is relevant for our purpose, reads thus :