SANKARLAL AGARWALA Vs. STATE

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure has been filed by the petitioner to quash the proceeding of C.R. Case No. 116A of 1985 (Forest Case No.44 of 1985) of the Court of the Sub-Divisional Judicial Magistrate, Alipurduar, which initiated against the petitioner and two others on a complaint filed by the Forest Officer of Madarihat Range. The allegations as made in complaint are as under.

(2.) On receipt of information regarding commission of acts punishable under law and storage of illegally procured forest produce the complainant searched the premises of M/s. V. S. Industries belonging to the petitioner and located in village Uttar Khairbari under police station Madarihat on January 29 and 30, 1985. In course of such search, he seized a large quantity of catechu (khair) timbers and paste. According to complainant, most of the seized goods were kept concealed in a closed hut inside the said premises. On demand, the other two accused who were found inside the said premises and running to the factory as managers/agents failed to show any document to prove legal possession of goods. On the contrary, they voluntarily admitted that all the seized timber had been collected illegally from the nearby forests of Jaldapara Sanctuary. According to the complainant, the seized articles were illegally stored and concealed in the said premises violating rule 7(3) of the West Bengal Forest-Produce Transit Rules, 1959 ('Rules' for short) and as such the accused persons were liable for punishment under rule 11 of the said Rules. The complainant avers that after seizure of the above forest produce, a notice was served upon the petitioner in accordance with rule 8(i)(a) of the said Rules but no reply was received from him till filing of the complaint.

(3.) Another allegation that has been made in the complaint is that the factory in question has been established within a distance of two kilometres from the reserved forests of Jaldapara Sanctuary in violation of rule 3 (i) of the West Bengal Forest (Establishment and Regulation of Saw Mills and other Wood-based Industries) Rules, 1982.