MANOHARAN, J.

This petition is to quash the proceedings in C.R. No. 35 of 1992 taken under S. 51(1) of the Kerala Forest Act, 1961 (for short 'the Act'). Petitioner contends that the charge is not maintainable as 'sandalwood oil' is not a 'forest produce'. In support of the said contention, petitioner relied on the decision of the learned single Judge in Cri.M.C. No. 832 of 1992 (Annexure XV) wherein the learned single Judge held that sandalwood oil is not a forest produce.

2. When this matter came up for admission before another learned single Judge, his Lordship doubted the correctness of the decision in Cri M.C. No. 832 of 1992 (Mohammed Ali v. Forest Range Officer, (1992) 2 Ker LT 502) and expressed the view that the matter has to be considered by a Division Bench. That is how this came up before us.

3. Brief facts required for the disposal of the petition are as follows :

Petitioner is a dealer in essential oils like Citronella Oil, Sandalwood Oil etc. Pursuant to an order received from M/s. S.S. Perfumers, Kanpur to supply 200 kgs. of Sandalwood Oil, petitioner despatched the same from Kozhikode Railway Station as per Invoice No. 16 dated 12-6-1992 (Annexure IX). W