Strict compliance with the provisions of the Karnataka Forest Act, especially regarding the certification of forest produce, is necessary for proving the case beyond reasonable doubt.

1. This appeal is filed challenging the Judgment dated 24.6.2008 passed by the Fast Track Court-II, Shimoga in S.C.No.168/2007, convicting the appellants for the offence under Section 87 of Karnataka Forest Act and sentencing them to undergo R.I. for a period of five years and to pay a fine ofRs.50,000/-each in default of payment of fine to undergo R.I. for one year.

2. It is the case of the prosecution that on 31.12.2002 in the evening, both accused were found in illegal possession of sandal wood billets weighing about 20 Kgs and both accused were loading the sandal wood billets in a Car bearing Registration No.KA.19/M-6972 by the side of Tunga left bank canal in the limits of Ramina Koppa village intending to transport the same unauthorisedly, thereby they are alleged to have committed an offence under Section 87 of Karnataka Forest Act.

3. In order to prove the case, the prosecution has examined in all 5 witnesses; got marked Exs.P1 to P4 and produced MOs.1 and 17. The defence of the accused was one of total denial. However, by the impugned Judgment, the trial Court has convicted the appellants/accused and sentenced them as aforesaid. It is this judgment which has been challenged by the appellants/accused in this appeal.

4. The Range Forest Officer of Shankar Range, Shimoga and other officials conducted a routine check on 31.12.2002 on the left side of Tunga bank canal in the limits of Ramina Koppa village. When they so conducted the raid at about 3 p.m. they sighted a white colour Maruti Van, in which two persons were loading the small wooden pieces and when they went near to the spot, one of the persons who was loading ran away, whereas the other person was caught hold of by the forest guards. The name of the person caught was disclosed as Indaju s/o Fazalulla Khan, aged about 20 years, who disclosed that the person, who ran away is his brother by name Areef Khan s/o Fazalulla Khan, aged about 30 years. When the raiding party went near the Car bearing Registration No.KA.19/M- 6972, it was found that there were Sandal Wood pieces inside the car, which were seized. When the accused was questioned whether he has the permit or license for possession of sandal wood, he did not have any such authority. Therefore, accused was apprehended and he was brought to the forest office along with the property and a mahazar as per Ex.P1 was drawn. Thereafter, on the basis of the information given by accused No.1, accused No.2 is also arrested and after investigation, charge sheet came to be filed.

5. During the trial, prosecution has examined one Smt.Kanakalakshmi as PW.1. She is a Forest Guard in Shankar Range, Shimoga. She has stated that on 31.12.2002 at about 3 p.m. herself and Forest Officers-Mohan Kumar and Manjojirao , Lokesh Naika and others were conducting the routine inspection on the Tunga left bank canal road and at that time, near the garden of one Fazalu, two persons were found cutting the tree. When they arrived both the accused started running and at that time they caught hold one of the accused, his name was disclosed as Indaju, who is accused No.1 before the Court. It is stated by PW.1 that the property seized was sandal wood and the said sandal wood and the accused was brought to the forest office by about 4.30 p.m. It is stated by her that many people had gathered at the forest office and they forcibly whisked away the accused-Indaju, who was subsequently secured by the forest officers. She has stated that Mahazar-Ex.P1 was drawn in her presence in the forest office.

6. PW.2-Manjojirao has stated that on 31.12.2002, when there was a routine inspection, it was found that a Car was being loaded with some wooden pieces. When they went near, two persons were found near the Car, who started running. One of them was caught hold by them. Car contained 16 pieces of sandal wood. Mahazar was prepared and thereafter the Car, the accused and the sandal wood billets were seized. In the cross-examination, it is stated