IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRL.P. No.3070 OF 2017 BETWEEN:
SMT. KAVITHA W/O SRI. KUMARASWAMY AGED ABOUT 36 YEARS R/O S. BASAVANAHALLI VILLAGE SINGATAGERE HOBLI & POST – 577 138, KADUR TALUK, CHIKKAMAGALURU DISTRICT.
... PETITIONER (BY SRI. G.S. VENKAT SUBBA RAO, ADVOCATE.) AND:
1. THE ASSISTANT RANGE FOREST OFFICER SINGATAGERE, KADUR RANGE 577548 CHIKKAMAGALURU DISTRICT.
2. THE DEPUTY CONSERVATOR OF FOREST KARNATAKA FOREST DEPARTMENT CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT 577548.
... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R1 AND R2.) THIS CRL.P IS FILED U/S. 482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO. 1/2016 LODGED BY THE 1ST RESPONDENT BEFORE THE J.M.F.C., KADUR FOR THE OFFENCE P/U/S 8 OF K.T.P. ACT AND SEC. 33 AND 50 R/W 62 OF FOREST RULES VIDE ANNEXURE-A AND B.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondents. Perused the records.
2. The brief factual matrix of the case is that the petitioner is the owner of the land bearing Survey No.134 measuring 4 acres 20 guntas situated at Singatagere Village, Singatagere Hobli, Kadur Taluk, Chickmagalur district. It is the case of the petitioner that he had grown Acacia tree in the land, which was quite old and had fallen down on account of heavy winds and therefore, he got the said tree cut into wooden logs and stored the same in his land. The respondents appears to have abruptly visited the said land by giving surprise visit and found that six logs were stored in the land of the petitioner. Alleging the offences punishable under Section 8 of KTP Act, 1976 and Sections 33 and 50 read with Section 62 of Forest Rules, 1969, registered the case in FIR No.1/2016.
3. The learned counsel for the petitioner brought to the notice of this Court a notification issued by the Government of Karnataka as early on 9.3.2015 to the effect that a specimen of acacia tree is exempted from operation of Chapter XVI of Karnataka Forest Rules which Chapter deals with, obtaining of prior permission.
4. Section 8 of Karnataka Preservation of Trees Act, 1976 prescribes that no person shall fell any tree or cause any tree to be felled in any land, whether in his ownership or occupancy or otherwise, except with the previous permission of the Tree Officer. However, the Government has issued a Notification in Sl.No.5 bearing No.FEE 32 FDP 2015, Bengaluru, dated 9.3.2015, which is published in Karnataka Gazette, Extraordinary No.326, dated 13.4.2015 in supersession of the earlier notifications No.FEE 15 FAF 1998 dated 3.1.2002 and No.FEE 20 FAF 2004, dated 23.12.2004, exempting certain species of trees from operation of Chapter XVI of the Karnataka Forest Rules, 1969. Chapter XVI of the Karnataka Forest Rules deals with Transit of Forest Produce and Control of Private Saw Pits, Saw Mills etc. The pass for removal of forest products and also transport or movement of forest products are covered in the said Chapter. By the notification dated 9.3.2015 the acacia trees are exempted from Chapter XVI and accordingly, no permission is required even to cut and store the said trees by the owners. According to the said notification and Chapter XVI, there is no legal impediment to cut and store those wooden logs in the land of the petitioner. The Forest Officers are so ignorant of the aforesaid provisions and they have invoked Rules 33 and 50 Karnataka Forest Rules. Rule 33 refers to Amrit Mahal Kavals and Rule 50 refers to prohibition of kindling of fire, carrying of torches and smoking in forests etc. Both these provisions are not at all applicable to the present set of facts and circumstances of the case. They are not penal provisions. In the above said circumstances, the petition deserves to be allowed as prayed for.
5. Hence, the following:-
ORDER The petition is allowed and the FIR registered in No.1/16 by the first respondent which is pending before the Judicial Magistrate I Class, Kadur, for the offence punishable under Section 8 of KTP Act, 1976 and Sections 33 and 50 read with Section 62 of Forest Rules 1969 as invoked by the first respondent and all further proceedings therein are hereby quashed.
The petitioner is at liberty to make appropriate application before the trial Court for release of the wooden logs, if they are seized.
Sd/-
JUDGE *alb/-.