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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Saji L.S. – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. allegation of unauthorised destruction of saplings. (Para 1 , 3) |
| 2. parties dispute the applicability of tree protection regulations. (Para 2 , 4 , 5) |
| 3. penal consequences require infringement regarding specified trees. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. complaints failing to allege statutory ingredients are quashed. (Para 14 , 15 , 16 , 17) |
ORDER
The petitioner is the accused in O.R No.02/2021 registered by the Social Forestry Range, Attingal, alleging that he has contravened Sections 3, 6 (7), 4 (7)(1), 4 (7)(2) and 4 (7)(3) of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 and as amended by Act 19 of 2007, (hereinafter referred to as ‘Act’) and thereby committed an offence under Section 7 of the Act.
2. The petitioner seeks to quash the Occurrence Report (“O.R”, for short) and all consequential proceedings on the assertion that even if the allegations in the O.R are accepted in their entirety, they do not attract the offence alleged against the petitioner. The petitioner contends that as the respondents have failed to state the details of the specified trees in the O.R or its schedule, which is mandatory under the Act to attract the offe
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