IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Crl.MC.No. 3900 of 2008(F) ------------------------------------ (OR NO.8/2008 OFKODUMPUZHA FOREST STATION) PETITIONER(S)/ACCUSED: ------------------------------------- JOSHY VETTUKATTIL, S/O.JHONY VETTUKATTIL, VETTUKATTIL HOUSE,ODAKKAYAM, VETTILAPPARA P.O., MAKAPPURAM. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------------------- 1. THE DEPUTY RANGE OFFICER, KODUMPUZHA FOREST STATION, EDAVANNA RANGE, MALAPPURAM. 2. THE FOREST RANGE OFFICER, EDAVANNA RANGE,MALAPPURAM. 3. THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3900 OF 2008 ------------------------------------------ Dated 14th September 2009 O R D E R Petitioner is the first accused in O.R.No.8/2008 of Kodumpuzha forest station registered for the offences under Sections 2(1b), 9, 39, 48A, 49 and 50 of Wild Life Protection Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-G mahazar and proceedings in O.R.8/2008 of Kodumpuzha forest station against the petitioner contending that the meat is not that of the wild bore as alleged and petitioner never owned or resided in the house from where the meat was allegedly seized and therefore, continuation of the proceedings is only an abuse of process of court. 2. The petition was admitted as it is submitted that the report of examination, to find out the identify of the meat seized, was not obtained by the prosecution. Learned Public Prosecutor in view of the pendency of the case had also undertaken not to arrest the petitioner till the next posting date which CRMC 3900/08 2 was continued till 26/8/2009. 3. Learned Public Prosecutor made available the copy of the report prepared by Dr.P.O.Nameed,Ph.D., Associate Professor & Head (Wildlife Forensic Unit) which shows that DNA examination reveals that meat is that of a wild bore. 4. Learned counsel appearing for the petitioner argued that house from where the meat was seized does not belong to the petitioner. Reliance was placed on Annexure-A ownership certificate. Question whether house was owned or possessed by the petitioner is a matter which can be decided only at the time of trial and cannot be decided in this petition under Section 482 of Code of Criminal Procedure. Similarly, question whether meat was seized as shown in the mahazar or not, is a matter for decision at the time of trial. Petitioner is entitled to raise all the contentions before the learned Magistrate. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.