Musabeer vs The Station House Officer

K.N. Keshavanarayana

The petitioner, who is the sole accused in Crime No. 302/2012 of Bannerghatta P.S., registered for the offences punishable under Sections 86 and 87 of Karnataka Forest Act 1963 R/w. Section 379 of IPC, has sought for an order to enlarge him on bail. According to the case of prosecution, on 17.11.2012 the PSI CID, Forest Division, Cauvery Bhavan, Bangalore received credible information about the accused having stored sandalwood and sandalwood products in his shop namely, Cauvery Handicrafts shop Bannerghatta National Park, Bannerghatta, for sale without possessing licence or permit. Immediately he along with his staff and panchas conducted a raid on the shop of the petitioner and on verification, the petitioner was found having stored sandalwood billets weighing 1 kg 200 grams, five packets of sandalwood powder weighing 100 gms each and sandalwood paste. Since the petitioner was unable to show any license or permit for possession of sandal wood and its products, the PSI seized all the sandalwood products under a mahazar and apprehended the petitioner. On the basis of suo-moto report, case came to be registered and investigation was taken up. When the petitioner was produced before the jurisdictional Court and remanded to the judicial custody.

The application filed by the petitioner for grant of bail came to be rejected by the learned Sessions Judge. Therefore, he is before this Court.

The petition is opposed by the respondent - State.

I have heard both the sides. Perused the records made available.

The contents of the complaint as well as the mahazar said to have been drawn at the shop of the petitioner, no doubt prima facie indicates that, certain articles said to be of sandal wood and its products have been seized from the shop of the petitioner. Perusal of the contents of the mahazar, would not prima facie indicate that the articles seized stated to be of sandalwood were properly marked. Even according to the contents of mahazar, 33 sandalwood billets were kept in a plastic cover and it was marked with a title as FC1, five packets of sandalwood powder weighing 100 grams each were marked as FC2, another ten packets said to contain sandalwood powder were marked as FC3 while Sandal face paste in 44 packets seized were marked as FC4. Having regard to the contents of the mahazar, at this stage, prima facie it is noticed that, there was no proper marking of the articles said to have been seized. At this stage it is also not forthcoming, as to whether, the seized articles were of sandalwood. Having regard to the facts and circumstances of the case at this stage there are no reasonable grounds to believe that the petitioner is guilty of the offences as alleged. Therefore, the petitioner is entitled to be enlarged on bail. Hence, the petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No. 302/2012 of Bannerghatta PS on his executing a personal bond for a sum of Rs. 1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court subject to further conditions that,

i) The petitioner shall not tamper or terrorise with the prosecution witnesses in any manner.

ii) The petitioner shall appear before the I.O. as and when required by the I.O. and shall co-operate with the investigation.

iii) The petitioner shall not indulge in any acts similar to the one alleged against him.

iv) The petitioner shall not leave the jurisdiction of the Trial Court without express permission thereof.