JUDGEMENT
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(1.)This Writ Petition is filed seeking for the following reliefs;
"i) Call for records leading to Exhibit P2 and set aside the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions
ii) Declare that the petitioners are entitled to compound the offence as provided under Sec. 68 of the Kerala Forest Act;
iii) Direct the 1st respondent to consider Exhibit P1 afresh and compound the offence booked as against the petitioners without insisting the personal appearance of the petitioners and report of the investigating officer;
iv) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."
(2.)Writ petitioners are accused in O.R No.05/2021 of Peruvannamuzhi Forest Station registered by the 2nd respondent
for offences punishable under Ss. 47B, 47C, 47E, 47G and
47H of the Kerala Forest Act, 1961 (For short, 'the Act'). The allegation against them was that on 22/9/2021, they were found
in possession of 54.3 Kgms of sandal wood, tools and instruments
for cutting sandal woods in a vehicle bearing Registration No.KL56C-441. All the above offences are compoundable under Sec. 68 of the Act and thereupon, petitioners filed a compounding petition before the 1st respondent on 26/11/2021, copy of which
petition and the postal receipt evidencing the forwarding of the
above petition before the 1st respondent are also produced
alongwith as Exts.P1 and P1(a). Vide judgment dtd. 13/12/2021,
this Court directed the 1st respondent to consider and dispose of
Ext.P1 within a time frame, true copy of which judgment is
produced alongwith as Ext.P2. In compliance of the directions
issued by this Court in Ext.P2, the 1st respondent recorded in it's
order passed on 19/1/2022 that the accused did not appear
personally on 14/1/2021 but were represented by counsel who
laid vakalth for them. It was further recorded that a report of the
Investigating Officer is very much essential for compounding the
offences and therefore, it was called for from him. It was
informed by the Investigating Officer that the accused are not
traceable after dismissal of their bail application and therefore they
were not interrogated. According to them, therefore a reasonable
conclusion on compounding could not be arrived at and
accordingly the compounding application was not considered. The
true copy of the order dtd. 19/1/2022 passed by the 1st
respondent, referred to above is appended to as Ext.P3. In the
aforesaid circumstances that the writ petition is filed seeking for
the above reliefs.
(3.)Going by Ext.P3 order under challenge, it is found that the application seeking for compounding was rejected by the 1st
respondent, the Divisional Forest Officer, Kozhikode and the
petitioners were directed to appear before the Investigating Officer
for further interrogation.
Sec. 68 of the Act being apposite in the context is
extracted hereunder;
"68. Power to compound offences. - (1) Any forest Officer not below the rank of an Assistant Conservator of Forests may accept from any person, reasonably suspected of having committed any forest offence other than an offence under sec. 62 or sec. 65, a sum of money by way of compensation for the offence which may have been committed and where any property has been seized as liable to confiscation, may release the same on payment of the value thereof as estimated by such officer or confiscate such property to the Government. (2) On the payment of such sum of money or such value or both as the case may be, to such officer, the accused person, if in custody shall be discharged, the property seized shall be released and no further proceedings shall be taken against such person or property."
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