THOMAS P.JOSEPH
Tomy – Appellant
Versus
State Of Kerala – Respondent
Challenge in this proceeding is to Annexure-A, the Form-I report submitted by the Forest Range officer, Devikulam, Munnar Division (for short, the Range Officer") against petitioner and others to the extent it concerns offence under Section 27(1)(e)(iii) of the Kerala Forest Act (for short, "the Act"). According to the Range Officer, accused 1 to 3 who are in possession of Cardamom estates cut down trees from those estates with the assistance of accused 5 to 9 and the same were stored in the premises of petitioner, the 4th accused. The Range Officer inspected premises of petitioner on 17.05.2011, detected the offence and registered case as O.R. No.20 of 2011 for the offence aforesaid and under Sections 4, 5(2) and 9 of the Kerala Preservation of Trees Act, 1986 (for short, "the KPT Act"). According to the petitioner (4th accused) offence attributed to him and others under the Act cannot stand, if at all it came within the purview of the KPT Act since even according to the Range Officer trees were cut from the Cardamom estates of accused 1 to 3. Learned counsel contended that Sec.5 of the KPT Act has over-riding effect over provisions of the Act. Learned counsel placed re
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