Heard learned counsel for petitioner and learned High

Court Government Pleader for respondent-State.

2.

This petition is filed by accused No.3 under

Section 439 of Cr.P.C., praying to grant him bail in Crime

No.82/2023 registered by the respondent - Police for the

offences punishable under Sections 86 and 87 of

Karnataka Forest Act, 1963 (for short 'the said Act') and

Section 379 of IPC.

3.

Brief facts of the prosecution case are as under:

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On the intervening night between 26.06.2023 and

27.06.2023 eight sandalwood trees were cut in the land of

complainant and stolen; thus, on 28.06.2023 owner of

land lodged a complaint; on 29.07.2023 on receipt of

credible information, the complainant intercepted a car

bearing registration No.KA-40/M-9888 on road towards

Hyderabad near Annehalla, at that time petitioner and 2

others were in car and on being search 3 plastic bags were

found, where 60 Kgs., of sandalwood billets were found;

thus

petitioner

and

two

others

were

transporting

sandalwood billets without permission and they have cut

and stolen sandalwood from the land of complainant.

Therefore, the PSI conducted seizure panchanama in the

presence of panchas and seized sandalwood billets, in

turn, petitioner was remanded to judicial custody.

4.

Learned counsel for petitioner contended that

the petitioner is innocent, he has not committed any

offence and he is a law abiding citizen; the PSI has not

complied Sections 62(3) and 71-A of the said Act Act; The

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petitioner is the sole bread earner of his family; petitioner

is the only bread earner in the family and he is ready to

abide by conditions that may be imposed by this Court.

Thus he prays to grant bail.

5.

Per contra, learned High Court Government

Pleader for respondent - State would contend that the

petitioner is a habitual offender; he has been also involved

in Crime No.30/2023 of the same Police Station; if he is

released on bail, he would commit similar offences and he

may flee away from justice. Thus, he prays to reject the

bail petition.

6.

On perusal of the material available on record,

it appears that on 29.07.2023 the PSI of Bhalki Rural

Police Station seized 60 Kgs. of sandalwood billets from

the Car of petitioner, as he was transporting the same

without any license.

7.

Section 104-D of the Karnataka Forest Act is

special provision regulating bail matters in respect of

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offences under Karnataka Forest Act. As per said Section

the accused seeking bail for the offences committed under

Sections 86 and 87 of Karnataka Forest Act, the accused

has to satisfy the Court that there are reasonable grounds

for believing that he is not guilty of the said offences.

Whereas,

in

the

instant

case,

the

petitioner

was

transporting sandalwood billets weighing 60 Kgs in his Car

with having knowledge and conscious of possession of

sandalwood billets in his Car. Therefore, there was prima

facie case against accused of the offence punishable under

Section 87 of Karnataka Forest Act. A perusal of the

complaint and seizure mahazar conducted by the PSI,

reveals that the PSI of Bhalkit Rulral Police Station seized

the sandalwood billets. Herein it is appropriate to extract

Section 62(3) of Karnataka Forest Act, 1963, which reads

as under:

"62(3) Every officer seizing any property

under this section 1 [x x x]1 shall, as soon as may

be, 2 [make a report of such seizure,— (a) where

the offence on account of which the seizure has

been made is in respect of timber, ivory, 3 [gulmavu

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(machilus macrantha) bark, dalchini bark, halmaddi

(exudation of ailanthus malabaricum), canes]3 ,

firewood or charcoal which is the property of the

State Government or in respect of sandalwood, to

the concerned authorised Officer under section 71A;

and (b) in other cases, to the magistrate having

jurisdiction to try the offence on account of which

the seizure has been made;]"

8.

Further, Section 71A of Karnataka Forest Act,

1963 reads as under:

"71A. Confiscation by Forest Officer