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K. HARIPAL
Roji Augustin – Appellant
Versus
State Of Kerala – Respondent
ORDER :
These are applications filed under Section 438 of the Cr.P.C. by the first accused in OR No.1/2021 and accused Nos.2, 3 and 1 respectively in OR No.41/2021, both of Meppadi forest range. The petitioner in Bail Application No.2109/2021 and the third petitioner in the other application are one and the same. They are brothers. Apprehending arrest in these cases, they have moved this Court seeking pre-arrest bail. An interim order has been passed in BA No.2109/2021, by order dated 08.04.2021, directing to release the petitioner on anticipatory bail on execution of bond for Rs.50,000/-. Now the petitioner in BA No.2109/2021 wants to make that order absolute.
2. BA No.2109/2021 is in respect of OR 1/2021 of Meppadi forest range; that occurrence report was registered alleging offence under Sections 27(i) (d)(e)(iii) & (iv) and Sections 39, 40, 52 and 61A of the Kerala Forest Act, 1961, besides under Sections 12 and 23 of the Kerala Forest Produce Transit Rules, 1975. It is submitted that during the course of investigation offence under Sections 2(c)(o) 7, 24 and 25 of the Biolog
If a smallholder requires to cut a tree from a notified area, they need to obtain permission from Authorized Officer, and if he wants to transport it, he must obtain a transportation permit as stipul....
The main legal point established is that the petitioners committed forest offences by cutting trees from Government land in excess of the permission granted and failed to challenge the confiscation o....
Transporting timber without a valid permit violates the Andhra Pradesh Forest Act and Timber Transit Rules.
The main legal point established is that the petitioner's rights under the title deed were modified by the Kerala Grants and Leases (Modification of Rights) Act, 1980, and the petitioner is liable to....
Point of Law : In absence of due authentication and promulgation of the guidelines, the contents thereof cannot be treated as an order of the Government and would really represent an expression of op....
Land classified as 'Jungle' is deemed forest land under the Forest Conservation Act, requiring Central Government approval for timber felling, which the Transit Rules cannot override.
When there is reason to believe that a forest-offence has been committed in respect of any forest-produce, such produce together with all tools, boats, carts or cattle used in committing any such off....
Article 48A in part IV of Constitution of India dealing with a duty is cast upon State for 'protection and improvement of environment and safeguarding of forests and wildlife', of country.
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