IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS CRIMINAL PETITION NO.7048/2017 c/w CRIMINAL PETITION NO.7050/2017 In Crl.P.No.7048/2017 Between:
1. Satish, S/o Ramappa, Aged 28 years, Nedaravalli Village, Anandapura Hobli, Sagara Taluk, Shimoga District.
2. Madhukar Raghupathi Rao, S/o Raghupathy Rao, Aged 40 years, Jambe Koppa Village, Anandapura Hobli, Sagara Taluk, Shimoga District.
3. N.S.Narayana Murthy, S/o Subbaiah, Aged 72 years, R/o Narasipura Grama, Anadapura Hobli, Sagara Taluk, Shimoga District. …Petitioners (By Sri. Deepak B. R., Advocate) And:
State of Karnataka, Forest Department, Range Forest Officer, Mr. Raghavendra, Anandapura Range, Anandapura Hobli, Sagara Taluk, Shimoga Dist. …Respondent (By Sri. Mahesh Shetty, HCGP) ***** This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the proceedings in C.C.No.172/2017 pending before the J.M.F.C., Sagar Taluk, Shimoga Dist., and to exonerate the petitioners/accused from the false charges leveled against them.
In Crl.P.No.7050/2017 Between:
N.S.Narayana Murthy, S/o Subbaiah, Aged 72 years, R/o Narasipura Grama, Anandapura Hobli, Sagara Taluk, Shimoga District. …Petitioner (By Sri. Deepak B.R., Advocate) And:
State of Karnataka, Forest Department, Range Forest Officer, Mr. Raghavendra, Anandapura Range, Anandapura Hobli, Sagara Taluk, Shimoga Dist. …Respondent (By Sri. Mahesh Shetty, HCGP) ***** This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the proceedings in C.C.No.173/2017 pending before the learned JMFC, Sagara Taluk, Shivamogga District and to exonerate the petitioner/accused from the false charges leveled against him.
These Criminal Petitions coming on for Admission, this day, the Court made the following:
ORDER These two petitions have been clubbed together since offences alleged against the petitioners are similar and according to the learned counsel for the petitioners these cases arise out of a same transaction.
2. The petitioner in Crl.P.7050/2017 is petitioner No.3 in Crl.P.No.7048/2017. Petitioner Nos.1 and 2 in Crl.P.No.7048/2017 are said to be assisting the petitioner No.3 in his duties.
3. Learned counsel for the petitioners submits that Sri.N.S.Narayana Murthy, the petitioner in Crl.P.No.7050/2017 who is also the 3rd petitioner in Crl.P.7048/2017 is a renowned Nati Vaidya (Ayurvedic Practioner). It is submitted that from generations together the family of Sri.N.S.Narayana Murthy has been preparing medicines out of certain barks of trees and medicinal plants found in the wild. It is submitted that Sri.N.S.Narayana Murthy has been treating patients by preparing medicines from barks of trees and other medicinal plants and he has never used the medicine or his treatment in commercial lines. It is submitted that he treats the patients in his residence which is near by Anandapura Forest Range. Off late the treatment given by Sri.N.S.Narayana Murthy has been receiving media attention and out of ill-will some of the neighbours lodged a complaint saying that he has been contravening the Forest Conservation Act, 1980. It is in this background, that the first investigation reports have been filed against Sri.N.S.Narayana Murthy and his assistants who are petitioner Nos.1 and 2 in Crl.P.No.7048/2017.
4. Learned counsel for the petitioners draws the attention of this Court to an order dated 17.07.2019 passed in Crl.P.No.5693/2018 where, under similar circumstances and under very same allegations, this Court considered the grievances of the petitioner No.3 in Crl.P.No.7048/2017 and quashed criminal proceedings in C.C.No.175/2017.
5. The learned counsel for the petitioners draws the attention of this Court to a Government order dated 22.09.2015 whereby the State Government constituted a committee consisting of three officers. The committee constituted by the State Government filed its report and the relevant portion has been extracted in Crl.P.No.5693/2018. The relevant paragraph Nos.7 to 10 are extracted herein:-
“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.”
6. Learned counsel for the petitioners further submits that earlier the State Government was not encouraging private forestry whereas from the year 2017 the State Government has encouraged private forestry and consequent to the same the local villagers in and around Anandapura forest and other forests in the State have taken up private forestry and are particularly growing medicinal herbs and trees which are being used for treating patients. In this regard, it is stated that the petitioners are no more using the barks of trees and medicinal plants from the forest area and therefore, it is prayed that the petitions be allowed in terms of the orders passed in Crl.P.No.5693/2018.
7. The learned HCGP submits that during the course of these proceedings, this Court has directed the State Government to secure a report as to how the removal of barks from the trees is affecting the trees and the forest environment. In that regard, the learned HCGP has placed on record a communication made by the Range Forest Officer, Anandapuram Range, Choradi, which is a letter dated 11.11.2019 along with a report given by Mr.Gopala T.D., Assistant Professor in Botany, Sahyadri Science College, Shivamogga, addressed to the Range Forest Officer. In the light of the said communication, the learned HCGP submits that the activities of the petitioners in removing the barks of trees is found to be harmful to the trees and the forest environment and therefore, it is submitted that notice of the said report should also be taken. The learned HCGP further submits that by a communication dated 26.04.2017 produced as Annexure – C, the permission previously given to the petitioners to collect the medicines from forest area has been withdrawn with immediate effect.
8. Heard the learned counsel for the petitioners and learned HCGP and perused the petition papers.
9. This Court in Crl.P.No.5693/2018 has taken note of the fact that by Government order dated 22.09.2015, three officers of the State Government were appointed to submit a report and in view of the report submitted by the Committee, the State Government by order dated 31.12.2015 had permitted the petitioners to collect the roots and herbs without causing any damage to the trees. Even in the latest report given by an expert along with the communication dated 11.11.2019, it is not stated that the petitioners have caused any damage to the trees. It is only an opinion as to how and under what circumstances removal of bark could cause total impairment to the tree. It has not been stated that due to removal of the barks by the petitioners, any harm is found to have been caused to the trees in the forest. Moreover, it has been submitted at the hands of the petitioners that petitioners are no more involved in removing barks, in forest area in view of the State Government withdrawing the permission that was granted to the petitioners.
10. In that view of the matter, the proceedings initiated against the petitioners much before the permission was withdrawn by the State Government, cannot be sustained.
11. As a result, the petitions deserve to be allowed and are accordingly allowed. All proceedings in C.C.Nos.172/2017 and 173/2017 pending on the file of Additional Civil Judge and AJMFC, Sagar Taluk, Shivamogga District, are hereby quashed.
It is ordered accordingly.
MH/-
SD/- JUDGE