CONSERVATOR OF FORESTS Vs. DABUR PHARMA LTD

JUDGEMENT

(1.) This appeal is against the judgment and order dated 30th January, 2006, by which the challenge of the writ petitioner/respondent against notice issued by the appellant dated 16th July, 2005 and the order dated 19th July, 2005, was upheld. The short fact leading to filing of the writ petition and preferring the instant appeal is as follows:

(2.) On 16th July, 2005, the appellant issued a notice to the respondent/writ petitioner proposing to take action on the ground of theft and use of stolen medicinal plant material Mappia Foetida in connection with manufacturing of finished product Camptothecin. The said notice was issued, apparently under the Indian Forest Act, 1927 (hereinafter referred to as the said Act). Indisputably, the appellant has the authority to take action under the provisions of the said Act; provided there has been infraction of law, mentioned therein.

(3.) It is alleged in the notice that the respondent/writ petitioner is alleged to have contravened the provisions of law, using the forest produce. In sum and substance, it is alleged that Camptothecin is really forest produce without being undergone any radical and real change from raw material.