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2023 Supreme(Ker) 7

A. BADHARUDEEN
Siraj, S/o. Jebhar – Appellant
Versus
State Of Kerala, represented by The Public Prosecutor, High Court Of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Javed Haider.
For the Respondent: Sri Sanal P.Raj.

ORDER :

1. Crl.M.C.No.1838/2021 has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C’ for short) by the petitioner, who is the 3rd accused in O.R.No.2/2020 of Marayoor Forest Range, for quashment of Annexure 1, viz., O.R.No.2/2020, of Marayoor Forest Range.

2. Crl.M.C.No.2697/2021 has been filed under Section 482 of Cr.P.C by the petitioner, who is registered owner of a goods carriage, bearing Registration No.KL-62-A-1140, for setting aside Annexure A2 seizure report in the above crime and for the release of the above vehicle.

3. Heard the learned counsel for the petitioners and the learned Senior Government Pleader appearing for the Forest Department.

4. The parties and the documents in these cases shall be referred to in this order as to their description in Crl.M.C.No.1838 of 2021.

5. In this matter, O.R.2/2020 of Marayoor Forest Range has been registered alleging commission of offence punishable under Section 52 of the Kerala Forest Act and it is alleged therein that on 02.10.2021, the Forest Officer intercepted and seized ‘vembu trees’ collected from private property, when the vehicle carrying the above contraband was stationed

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