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2009 Supreme(Online)(KER) 6764

HIGH COURT OF KERALA
A.K.BASHEER, J
SUDHAKARAN D – Appellant
Versus
DIVISIONAL FOREST OFFICER ACHANCOVIL – Respondent


ORDER

Petitioner who has been arraigned as accused No.11 in a case registered by the Forest Range Officer, Achankovil alleging commission of certain offences punishable under the Kerala Forest Act, has filed this petition under Section 482 of the Code of Criminal Procedure seeking to quash the said proceedings as against him.

2. Petitioner is admittedly the registered owner of a goods vehicle bearing registration No.TN 72-J/4543. According to the petitioner, he had been running an agency for distribution of coco-cola in Ambasamudram taluk. On Sundays when there is no distribution of the soft drink, the driver of the vehicle used to take the vehicle out for sundry trips on hire.

3. According to the petitioner his vehicle was taken into custody by respondents 2 and 3 on June 22, 2004 alleging that it was involved in illegal transportation of teak wood and rose wood. Annexure A2 is stated to be the mahazar prepared by the forest officials in connection with the alleged seizure. In Annexure A3 report submitted by the Investigating Officer before the Judicial Magistrate of First Class (Forest), Punalur it is stated that petitioner has been implicated in the case since he happens to be the

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