MANI Vs. STATE BY FOREST RANGE OFFICER

JUDGEMENT

(1.) THE Crl.R.C. is filed against the judgment dated 21.8.2009 in Crl.A.No.101 of 2007 on the file of the Additional District and Sessions Court (Fast Track Court), Thiruppathur, Vellore District, confirming the conviction and sentence passed in C.C.No.51 of 1997 on the file of the Special Judicial Magistrate's Court (Sandalwood Cases), Thiruppathur, Vellore District, whereby the revision petitioner/accused was found guilty of the offence under Section 36-A & E of the Tamil Nadu Forest Act and convicted and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.7,500/-, in default, to undergo six months' simple imprisonment.

(2.) THE case of the prosecution is as follows: On 19.9.1996 at about 1 p.m., the revision petitioner/accused trespassed into "Kelur Kappukadu and Beed Thiruttu Mandapam" Forest Reserve, and he damaged the sandalwood tree and collected 506 Kgs. worth Rs.1,26,500/- and possessed the same without valid licence and hence, Form-A has been filed. On 19.9.1996 at about 12 noon, from Polur Forest Range Office, P.Ws.1 to 4 and Abdul Kalam, Kumar, Muthukrishnan were proceeding to the said Forest Reserve area, they caught hold of the revision petitioner/accused and when they made a search, at that time, they came to know that the revision petitioner/accused possessed 506 Kgs. of sandalwood without valid licence and hence, they have prepared Ex.P-2 mahazar and recorded the confession statement from the accused in Ex.P-3 and in respect of the properties, Form 95 has been prepared under Ex.P-5. Ex.P-4 sketch was also prepared. THE properties have been handed over to the godown and after investigation, they have filed "C' Form Ex.P-8. THE revision petitioner/accused was remanded to judicial custody.

(3.) LEARNED Government Advocate (Criminal Side) appearing for the respondent-Police submitted that except this case, there is no other case against the petitioner and this is his first case and the learned Government Advocate left it for the discretion of the Court for letting him free and release him under the Probation of Offenders Act.