SUN GRANITE EXPORTS LTD Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application u/s. 482 of the Code of Criminal Procedure the petitioner challenge the legality of the order dated 23.06.2004 passed in 2(b)cc No. 24 of 2004 by learned J.M.F.C., Patrapur, Ganjam taking cognizance of offence u/s. 37 of Orissa Forest Act.

(2.) PROSECUTION case in brief is that the petitioner company was granted a lease for granite quarry by the State Government by execution of a lease deed on 20.5.1996 for a period of ten years. During subsistence of the lease, on 10.12.2002 while the petitioners were loading granite stones, one Siba Ram Nanda, Forest Guard seized around 12 truck load of granite stones with a truck bearing Registration No. OR-02-C-4302 from the petitioner no.2 and submitted a PROSECUTION Report on 23.6.2004 and the learned Magistrate took cognizance of the offence u/s.37 of the Orissa forest Act on 23.6.2004 fro violation of the Provisions contained in Section 34 of the Orissa Forest Act. The impugned order has been challenged mainly on the grounds; (a) the lease in question having been executed in favour of the petitioner by the State Government, the Forest Authority has no jurisdiction to initiate penal action against the petitioner-company; (b) there being prohibition order purported to have been issued by the State Government U/ s.34 of the Orissa Forest Act, the initiation of the proceeding U/s.37 of the Act is without authority of law. The alleged forest offence having taken place on 10.12.2002 and the order taking cognizance having passed after lapse of two years without any explanation whatsoever, is barred under Section 468 of the Code. Therefore, the prosecution U/s.37 of the Forest Act is without jurisdiction and is grossly barred by law of limitation.