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1993 Supreme(SC) 473

K.RAMASWAMY, R.M.SAHAI
Forest Range Officer: Khushboo Enterprises – Appellant
Versus
P. Mohammed Ali: Forest Range Officer – Respondent


Judgment

K. RAMASWAMY, J.:- Special leave granted.

2. Untrammelled by questions of fact the learned Senior counsel on both sides neatly presented question of law whether "sandal-wood oil" is forest produce within the meaning of Section 2(f)(i) of the Kerala Forest Act, 1961 for short the Act. When proceedings were laid under Section 51(1) of the Act against the respondents in Special Leave Petition (Cr1.) Nos. 27-29 of 1992, they questioned the jurisdiction of the court in C.C. Nos. 145 and 148 of 1988. Eschewing delineation of intermediary proceedings went on from the start of prosecution, the High Court in exercise of its poweer under Section 482 of the Code of Criminal Procedure, 1973 for short the Code by order dated August31, 1992, reported in Mohammed Ali v. Forest Range Officer. (1992) 2 Ker LT 502, quashed the complaint holding that Sandal Wood Oil is not wood oil as defined in Section 2(f)(i) of the Act. So it is not a forest produce. Thus these appeals by special leave. When same question subsequently arose other learned Single Judge doubting the correctness of aforesaid judgment referred the matter to the division bench which by order dated December 15, 1992, reported in K

















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