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Judgment
11 paragraphs · 223 wordsThis is an application filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the accused in Forest Crime O.R. NO.19/2020 of Kanhangad Forest Range, alleging offence punishable under Sections 47B(1),
C(1), D, F, G, H and 52 of the Kereala Forest Act.
The allegation against the petitioner is that he cut and removed sandal wood trees from the reserve forest; the immediate reason for his arrest is
seizure of 5 kg of sandal wood from the house where the petitioner resides. He was arrested ob 11.12.2020 and since then he is in custody.
Heard the learned counsel for the petitioner and also the learned Public Prosecutor.
Learned counsel for the petitioner submits that he is not involved in any other case. But that argument has been disputed by the learned Public
Prosecutor. According to him, for the last twenty years, the petitioner is engaged in the trade of sandal wood, that he has a sandal wood factory in
Andhrapradesh, recovery is not effected and the investigation is in budding stage.
Having heard the learned Public Prosecutor and having regard to the fact that the investigation is not progressed, it is too early for this court to grant
him bail and therefore the petition cannot be considered at this stage. The application is accordingly dismissed.