IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 26727 of 2009(I) -------------------------- PETITIONER(S): --------------- M.U.DASAN, AGED 52 YEARS, W/O. UNNI CHUNDAN, RES. AT MATTUPURAM HOUSE (HOUSE NO.38),CHEMBADI VAYAI, CHUNDAYIL P.O., VYTHRI, WAYANAD DIST. BY ADV. SRI.P.K.JOSE SMT.TESSY JOSE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM P.O., THIRUVANANTHAPURAM DIST. 2. SUPERINTENDENT OF POLICE, KALPETTA P.O., WAYANAD DIST. 3. THE DISTRICT FOREST OFFICER, KALPETTA P.O., WAYANAD DIST. SENIOR GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26727/2009-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of January, 2010 J U D G M E N T The grievance raised by the petitioner in this writ petition is that he was forcefully taken into custody by the Officers of the Forest Department on the mere suspicion that he is involved in the theft of Sandal wood. It is stated that he is being harassed by the respondents without any justification. 2. As directed by this Court, the third respondent has filed a statement. It is stated therein that the Forester-in-charge of the Forest Checkpost at Puthuppadi in Thamarassery Range of Kozhikode Division has detected an offence of illicit transportation of 20kg of Sandal wood. It was being transported in a K.S.R.T.C bus coming from Sultan Battery to Kozhikode. The carrier of the Sandal wood was one Shri Mohammed who was arrested along with Sandal wood. Interrogation of the said person revealed that the petitioner entrusted the Sandal wood to him and he was transporting the same to Mongam of Malappuram District. Thereafter, an offence has been registered as O.R.No.22/2006 of the Thamarassery Range and the copy of the Mahazar dated 12/06/2006, Form-I Report and Statement of Shri Mohammed were submitted to the Judicial Magistrate W.P.(C). No.26727/2009 -:2:- of the First Class Court-II, Thamarassery. Some more accused in the case were arrested later. The petitioner was also arrested and was produced before the Chief Judicial Magistrate Court, Kalpetta on 29/08/2006. He was remanded for 14 days and was in judicial custody till 31/08/2006. 3. In the light of the above circumstances pointed out in the statement, the petitioner is not entitled for any reliefs in the writ petition. The allegation of harassment etc. cannot be supported at all. Prima facie he is involved in the crime and the remedy of the petitioner is only to approach the Trial Court to defend the said case. The writ petition is therefore dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms