Judgment

K. RAMASWAMY, J.:- Special leave granted.

2. Untrammelled by questions of fact the learned Senior counsel on both sides neatly presented question of law whether "sandal-wood oil" is forest produce within the meaning of Section 2(f)(i) of the Kerala Forest Act, 1961 for short the Act. When proceedings were laid under Section 51(1) of the Act against the respondents in Special Leave Petition (Cr1.) Nos. 27-29 of 1992, they questioned the jurisdiction of the court in C.C. Nos. 145 and 148 of 1988. Eschewing delineation of intermediary proceedings went on from the start of prosecution, the High Court in exercise of its poweer under Section 482 of the Code of Criminal Procedure, 1973 for short the Code by order dated August31, 1992, reported in Mohammed Ali v. Forest Range Officer. (1992) 2 Ker LT 502, quashed the complaint holding that Sandal Wood Oil is not wood oil as defined in Section 2(f)(i) of the Act. So it is not a forest produce. Thus these appeals by special leave. When same question subsequently arose other learned Single Judge doubting the correctness of aforesaid judgment referred the matter to the division bench which by order dated December 15, 1992, reported in Khushboo Enterprises v. Forest Range Officer, (1993) 1 Ker LT 91, held that Sandalwood Oil is a forest produce within the meaning of Section 2(f)(i) of the Act. Thus the appeal in the other case.

3. The Forest Conservataion Act, 1980 aims to prevent depleting forests, conservation thereof and protection of wild life in the country to maintain ecological balance. The State Acts regulate preservation of forest and forest produce to supplement the Central Act. The Act prescribes procedure for preservation of the forest and regulates possession of the forest produce, felling of trees in the forest area and removal from the forest or reserved forest area by transit permits etc. When Sandalwood Oil either was found in transit or in possession of the manufacturers, it was seized in the respective cases and laid the complaints u/S. 51(1) for contravention thereof. As said earlier the jurisdictional question was raised on the premise that Sandal Wood Oil is not a wood oil as defined under Section 2(f)(i) of the Act.

4. The question, therefore, emerges whether Sandalwood Oil is a wood oil. Section 2(f) defines forest produce thus:

"Section 2(f) forest produce includes :-

(i) the following whether found in or brought from a forest or not, that is to say

timber, charcoal, wood-oil, gum, resin, natural varnish, bark, lac, fibres and roots of sandalwood and rosewood; and

(ii) the following when found. in or brought from a forest that is to say-

(a) trees and leaves, flowers and fruits and all other parts or produce not hereinbefore mentioned, of trees;

(b) plants not being trees (including grass, creepers, reeds and moss and all parts or produce of such plants;

(c) silk cocoons, honey and wax; and

(d) peat, surface soil, rock and minerals including limestone, laterite), mineral oils and all products of mines or quarries".

5. A reading thereof do indicate that the forest produce whether found in or brought from a forest or not is a forest produce which include, that is to say, the enumerated items in Clauses I and II "wood oil" is one of the enumerated items as well as roots of sandalwood and rosewood. The contention of Sri G. Ramaswami, the learned Senior counsel for the accused is that technical Dictionaries, Botanical Text Books and expert opinion would bring out a demonstrable distinction between wood oil and sandalwood oil. The wood oil is a natural produce of the forest directly derived as an exudation from living trees in the forest belonging to the family of the Dipterocarpucoae trees while sandal wood oil is a bye product from sandalwood (Santalum Album) by industrial process Wood oil is produced by making a hole on the trunk of the living tree commonly known as "oil trees" or "wood oil trees". This family of trees are variously known in different parts of South Indi