IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.5693 OF 2018 BETWEEN:
N.S.NARAYANA MURTHY, S/O SUBBAIAH, AGED 72 YEARS, R/O NARASIPURA GRAMA, ANANDAPURA HOBLI, SAGARA TALUK, SHIMOGA DISTRICT.
(BY SHRI B.R.DEEPAK, ADVOCATE) AND:
STATE OF KARNATAKA, FOREST DEPARTMENT, RANGE FOREST OFFICER, MR.RAGHAVENDRA, ANANDAPURA RANGE, ANANDAPURA HOBLI, SAGARA TALUK, SHIMOGA DISTRICT.
(BY SMT.K.P.YASHODHA, HCGP) …PETITIONER … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE CHARGE SHEET FILED IN C.C.NO.175/2017 PENDING BEFORE THE LEARNED JMFC, SAGARA TALUK, SHIMOGGA DISTRICT AND TO EXONERATE THE PETITIONER/ACCUSED FROM THE FALSE CHARGES LEVELED AGAINST HIM.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has challenged criminal proceedings initiated in CC No.175/2017 on the file of Additional Civil Judge and JMFC., Sagar Taluk, Shimoga District.
2. Shri B.R.Deepak, learned advocate for the petitioner submitted that petitioner is a ‘Vaidya’ and treats patients suffering from cancer, diabetes etc., by using herbal medicine. Based on the complaint given by the residents of Narasipura village that the petitioner was removing bark from the trees in an unscientific manner, State Government by an order dated 22.09.2015 formed a Committee consisting of three officers. They submitted a report on 28.12.2015. Based on the said report, State Government by order dated 31.12.2015 has permitted the petitioner to use herbs and roots without causing any damage to the trees. He further submitted that pursuant to the suo moto complaint registered on 18.02.2015 by the Range Forest Officer, Ananthapuram Range Forest Officials have filed charge sheet on 27.03.2017 before JMFC., Sagar.
3. In support of this petition, learned advocate for the petitioner has urged following grounds:
that petitioner has been permitted by the State Government to use roots and herbs for bonafide purpose;
that charge sheet alleges that roots and herbs of various forest species in all weighing 1 kg was found in petitioner’s house;
that there is no allegation in the charge sheet that petitioner has caused any damage in violation of the Government Order;
4. Learned advocate for petitioner argued that in the light of above facts, initiation of criminal proceedings against petitioner amounts to abuse of process of law. Accordingly, he prayed for allowing this petition.
5. Learned High Court Government Pleader argued in support of the charge sheet.
6. I have carefully considered rival contentions and perused records.
7. By Government Order dated 22.09.2015 (Annexure-A) to the petition, State Government have constituted a Committee consisting of three officers;
(i) Shri K.S. Sugar, I.F.S., Additional Chief Forest Conservator (Nodal Officer, Shimoga Division) (ii)Shri Subhash K. Malkhede, I.F.S., Director, Ayush Department (iii)Shri R.K.Singh, I.F.S., Additional Chief Forest Conservator and Member Secretary, Karnataka Bio Diversity Board 8. The summary of the report submitted by above officers reads as follows:
“In view of the various facts and circumstances, legal provisions and government orders discussed above, Shri N.S.Narayan Murty, Nati Vaidya, Narsipura Village, Sagar Tq may be considered for utilization of bio-resources required for the treatment. During the enquiry, Sri N.S.Narayan Murthy has agreed that he has been procuring the medicinal plants in the form of powder from vendors in different parts of the state and he sells his medicines / formulations to the people at a cost. It is clear that the bio-resources are being commercially utilized and hence u/s 7 of Biological Diversity Act-2002, he is required to give prior intimation to the Karnataka Bio-diversity Board regarding location, quantity, species and other details of bio-resources accessed/collected in Form-I. Further, it is important that the scientific extraction of such medicinal plants from forest lands and land under the control of forest department has to be undertaken under the close supervision of jurisdictional forest officers. The major stake holders in such case shall be members of the jurisdictional Village Forest Committees and or members of Biodiversity Management Committees. The micro plan for such extraction by VFCs and or BMCs shall be in conformity to the overall prescriptions of sanctioned Working Plan. Suitable infrastructure needed for visitors coming for treatment to Narsipura may be provided by Shri N.S.Narayan Murty with the support of Gram Panchayat. Local Forest Officers should prepare an action plan within a time frame under the guidance of Chief Conservator of Forests, Shivmogga Circle taking all the factors into consideration.”
9. Pursuant to the report, the State Government by order dated 31.12.2015 have permitted the petitioner to collect the roots and herbs without causing any damage to the trees.
10. When the State Government have accorded permission to collect roots and herbs without affecting the trees, the petitioner is entitled to collect them. Charge sheet does not disclose any allegation that petitioner has caused damage to any tree. Therefore, initiation of criminal proceedings on the ground that 1 Kg of herb and roots was found in petitioner’s house amounts to abuse of process of law.
11. Resultantly, this petition merits consideration and it is accordingly allowed. All proceedings in C.C.No.175/2017 pending on the file of Additional Civil Judge and JMFC., Sagar Taluk, Shimoga District, are quashed.
12. In view of disposal of main petition, I.A.No.1/2018 does not survive for consideration and the same stands disposed of.
No costs.
Sd/-
JUDGE GH