An order of discharge made by the Judicial First Class Magistrate’s Court, Chittur in C.C.No.250 of 1998 is under challenge by the Forest Range Officer, Kollengode. The respondents herein are the partners of an Oil Mill by name “United Oil Industries” at Ozhalapathi. On search made in the Oil Mill, the Divisional Forest Officer of the Flying Squad, Palakkad seized 240 kg of sandal wood chips and 83kg sandal wood powder. On suspicion that it was collected from Government forest, a case was registered against the respondents herein. 2. During trial, the learned Magistrate recorded pre- charge evidence. Two witnesses including the Divisional Forest Officer who detected the offences were examined and Exhibits P1 to P3 were marked.
3. On the basis of evidence given by the witnesses, the learned Magistrate found that there is absolutely no materials to show that the sandal wood chips or the sandal wood pieces were collected from Government Forest. Accordingly, the respondents were discharged by order dated 29.04.2000.
4. On a perusal of the courts record, I find no scope for interference in the order of discharge on the ground of any illegality or irregularity. It is pertinent to note that the detecting officer seized the sandal wood chips on search in an Oil Mill authorized to distill sandal wood oil. In such a situation, the detecting officer is bound to verify the documents and registers there to find out whether these sandal wood pieces were authorizedly collected or illegally collected, or whether they brought these pieces from Government Forest. This is not a case of detection of offence in any other property or land. Being the partners of a licensed Oil Mill authorized to distill sandal wood oil, the case of the respondents will have to be accepted that those sandal wood pieces were brought there quite legally and without in any manner violating the provisions of law. If the Forest Officer has a case otherwise, he should have verified the registers kept there to detect whether these were legally brought there or unauthorizedly brought there. But no such effort was made by the detecting officer and no material was furnished before the court to substantiate the allegation that the sandal wood chips and sandal wood pieces were illegally brought there, in the Oil Mill, authorized to distill sandal wood oil. I find that the accused were rightly discharged by the learned Magistrate in the absence of any material for a proper and successful prosecution. In the above situation, this revision petition is liable to be dismissed.
In the result this revision petition is dismissed.
Sd/-
P. UBAID (JUDGE) // True Copy // P.A. To Judge DSV/05/06