IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Crl.MC.No. 4308 of 2005 --------------------------- AGAINST THE ORDER DATED IN F.O. 2/2004, 3/2004 & 12/2004 OF ACHANKOVIL RANGE PENDING BEFORE THE JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... PETITIONER: (ACCUSED NO.11): --------------------------------------- SUDHAKARAN D., AGED 29 YEARS, S/O. DASARATHAN P., 745-A, 7TH SOUTH STREET, THIYAGARAJA NAGAR, TIRENELVELI, TAMILNADU. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): (STATE & COMPLAINANT): ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DIVISIONAL FOREST OFFICER, ACHANCOVIL. 3. FOREST RANGE OFFICER, ACHANCOVIL. SPL.GOVT.PLEADER SRI.P.M.POULOSE. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4308 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2009. ORDER Petitioner who has been arraigned as accused No.11 in a case registered by the Forest Range Officer, Achankovil alleging commission of certain offences punishable under the Kerala Forest Act, has filed this petition under Section 482 of the Code of Criminal Procedure seeking to quash the said proceedings as against him. 2. Petitioner is admittedly the registered owner of a goods vehicle bearing registration No.TN 72-J/4543. According to the petitioner, he had been running an agency for distribution of coco-cola in Ambasamudram taluk. On Sundays when there is no distribution of the soft drink, the driver of the vehicle used to take the vehicle out for sundry trips on hire. 3. According to the petitioner his vehicle was taken into custody by respondents 2 and 3 on June 22, 2004 alleging that it was involved in illegal transportation of teak wood and rose wood. Annexure A2 is stated to be the mahazar prepared by the forest officials in connection with the alleged seizure. In Annexure A3 report submitted by the Investigating Officer before the Judicial Magistrate of First Class (Forest), Punalur it is stated that petitioner has been implicated in the case since he happens to be the registered owner of the vehicle which was allegedly used for the illegal transportation. 4. I have carefully perused Annexure 3 report. As rightly pointed out by the learned counsel for the petitioner there is not even a Crl.MC.4308/05. : 2 : whisper about the involvement in any manner of the petitioner in the alleged crime, leave alone about his knowledge of commission of any offence using the said vehicle. Petitioner's driver has been arraigned as accused No.8. But the prosecuting agency must have some credible material to implicate the petitioner in the crime in question. A perusal of Annexure 3 report does not give any clue or indication as to what was the material on the basis of which the petitioner was sought to be prosecuted for the offences under Section 27(1) (e) iii and iv of Kerala Forest Act. In the absence of any such material, I find considerable force in the contention raised by the petitioner that his prosecution in the above crime is totally illegal and unjust. 5. In the above facts and circumstances, the proceedings pending against the petitioner in Forest Offence Nos.2/04, 3/04 and 12/04 of Achankovil Range pending on the file of the Judicial Magistrate of First Class (Forest Special Court), Punalur are quashed. However, it is made clear that this order shall not have any bearing on the proceedings, if any, pending against the petitioner under Chapter VIII of the Kerala Forest Act, 1961. The Crl.M.C is disposed of in the above terms. A.K. Basheer Judge. an.