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VINOD CHATTERJI KOUL
Tenzin Dorjee – Appellant
Versus
State of J&K through SHO P/S Leh, Ladakh – Respondent
JUDGMENT :
1. The petitioner seeks indulgence of this Court under Section 561-A Cr.PC, to quash the criminal proceedings in case titled State v. Tenzin Dorjee and Ors., pending before the Court of Chief Judicial Magistrate, Leh, (for brevity “Trial Court”) in case FIR No. 11/2009, registered against him at Police Station, Leh, for the commission of offences punishable under Sections 15, 16/46, 39-A of J&K Forest Act, Sections 3/7/55 of Biological Diversity Act, 2002 (for short “Act of 2002”) and Sections 60, 60-A of J&K Wild Life (Protection) Act (for short “WLPA”).
2. The allegations are that petitioner has procured a “forest produce” (Yarsa Gumboo), which was seized at Leh. Consequent to the seizure, two sets of legal proceedings were initiated against the petitioner and other co-accused. One set of proceedings initiated were under the provisions of Forest Act, including Section 26 and other allied Sections, for seizure/confiscation of the “forest produce”. The Authorized Officer passed an order against the petitioner. Aggrieved thereof, a Revision was filed before the Sessions Judge, Leh. Revision was dismissed, against which petition has been filed before this court, which is pen
The possession of Yarsa Gambu (Cordyceps Sinensis) by the applicant was found to be illegal under the Indian Forest Act, 1927, despite the applicant's claim as a member of Scheduled Tribe.
Camptothecin, as a chemically transformed product, does not constitute 'Forest Produce' under the Indian Forest Act, and bona fide purchasers without knowledge of illegal origins cannot be prosecuted....
Transit of forest-produce beyond pass validity constitutes forest-offence mandating confiscation of produce/vehicle; strict compliance essential as deterrent to deforestation, liberally construed for....
Confiscation under the Indian Forest Act requires proven knowledge or connivance of the owner in the illegal transport of forest produce, which was not established here.
Point of law: Re-appreciation of evidence - Revisional jurisdiction of High Court - In any case it is well settled that the scope of revisional jurisdiction of High Court does not extend to re-apprec....
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....
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