ORDER

This Writ Petition has been filed for a direction, directing the respondents 3 to 5 to return the seized goods of Sandal Wood Dust and Chips weighing 5,973.500 kgs along with 22.650 kgs of unfiltered Sandal Oil from the petitioner.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner Company was established at Pondichery as per Pondichery Government Norms as well as Indian Forest Laws. It has got valid license from various departments and authorities of the State as well as Central to manufacture essential oil and cosmetics and in short, it is a wood based industry. The petitioner imported sandal wood chips and dust and extracted oil from it. The petitioner has imported the sandal wood for his factory through air cargo and ship. On 26.12.2022, the petitioner had imported first lot of sandal wood chips and dust weighing 303.5 kgs from C.V.Indonasian Dynasity through air cargo. Thereafter, on 21.08.2023, the petitioner imported the second lot of sandal wood chips and dust weighing 7280 kgs from the same Company through ship. Out of the imported goods, the petitioner had used 1610 kgs of sandal wood chips and dust to extract 40 kgs of sandal wood unfiltered oil. The remaining sandal wood and dust were kept in the factory premises.

4. During election, there was no production activity in the factory and as such, the factory was closed for the time being. While being so, the Forest Officials had entered into the factory premises on 14.06.2024 and seized the imported sandal wood chips and dust weighing 5,973.50 kgs along with 22.650 kgs unfiltered sandal oil. Therefore, the petitioner submitted a representation to return those goods, which were not connected with any crime.

5. The learned counsel appearing for the petitioner produced some invoices, shipments and cargo details to show that the petitioner imported sandal wood chips and dust from the Indonasian Company. He also submitted that those goods were seized illegally by the respondents and thereafter, it was shown in the seizer mahazar as if it was purchased from the accused, who were involved in STOR No.1 of 2024 on the file of the fourth respondent. Therefore, the petitioner submitted a representation to release the materials, which were allegedly seized from the petitioner.

6. A perusal of the counter filed by the third respondent and the submissions made by the learned Special Government Pleader appearing for the respondents reveals that on 03.06.2024, a vehicle bearing Registration No.KL-11-AQ-2600 was intercepted by police near Magudanchavadi in Salem District and informed to the fourth respondent. Thereafter, the fourth respondent and its team reached the spot and on inspection, it is found 86 bags containing sandal wood. Pursuant to which, two persons were taken for interrogation and on their statements four more persons were taken custody and registered the schedule timber offence in STOR No.1 of 2024 as against six accused persons. All the accused belongs to Kerala. They were produced before the Judicial Magistrate No.VI, Salem and remanded to judicial custody for investigation from 10.06.2024 to 13.06.2024. On enquiry, it is found that they illegally smuggled sandal wood in favour of the petitioner, for which, they have been paid by the petitioner.

7. The petitioner obtained license from the second respondent as a wood based industry and imported sandal wood chips and dust from Indonasia on 26.12.2022. However, the petitioner had sent sandal wood oil to SGS India Private Limited as early as on 05.12.2022. It shows that the petitioner was operating this business, without obtaining any permission or license from the second respondent, even before importing sandal wood chips and dust. Further, it shows that the accused persons in STOR No.1 of 2024 used to supply sandal wood to the petitioner's Company illegally.

8. The Tamil Nadu Sandal wood Possession Rules, 1970 and the Tamil Nadu Sandalwood Transit Rul