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2003 Supreme(SC) 187

N.S.HEGDE, B.P.SINGH
Tej Bahadur Dube (Dead) by LRs. – Appellant
Versus
Forest Range Officer F. S. (S. W. ), Hyderabad – Respondent


JUDGMENT

Santosh Hegde, J.-The original appellant has since died and this appeal is now being pursued by his legal representatives.

The original appellant was charged for violation of Rules 3 to 7 of the A.P. Sandalwood and Red Sanders Wood Transit Rules, 1969 (the Rules ) which is punishable under Section 29(4)(a)(i) of the A.P. Forest Act, 1967 (the Act ), before the II Metropolitan Magistrate, Hyderabad on the ground that he along with another person was transporting sandalwood pieces numbering 30,000 in a lorry on 7-8-1982 from Hyderabad to Bombay. The said transportation was alleged to be without permit and in contravention of the Act and the Rules, stated herein above.

2. The trial court after considering the evidence on record came to the conclusion that the appellant is a licensed dealer and stockist in sandalwood and the sandalwood pieces found during the transportation were not actually sandalwood as defined under Section 2(o) of the Act but were products obtained after conversion of the original sandalwood to certain shapes which are meant for the purpose of being used as handles in other finished sandalwood products and there being no requirement of law to obtain any per










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