Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | A.P. Forest Act 1967-Sections 20 29 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | A.P. Forest Act, 1967-Sections 20, 29-A.P. Sandel-wood and Red-sanders Wood Transit Rules, 1969-Rules 2(3) and 3-"Forest Produce in Transit''-Meaning of.On the intervening night of February 14 and 15, 1978, officers of the Forest Department seized 28 logs of red sander-wood loaded in a lorry and 118 logs kept on the road side for being loaded in the lorry. The trial court found respondents guilty of offence under Section 20 read with Section 29 of Andhra Pradesh Forest Act, read with Rule 3 of Andhra Pradesh Sandel-wood and Red-sanders Wood Transit Rules, 1969. The respondents were convicted. The Additional Session Judge confirmed the conviction and confiscation. A Single Judge of the High Court relying on the earlier judgment in Chennupati Vazeer v.State of A.P., (1980) 2 ALT 391 held that Rule 3 of the A.P. Sandel-wood and Red-sanders Wood Transit Rules, 1969 was not applicable as forest produce was preparatory for transit and not in transit. Hence this Appeal.Subsequently, a Division bench of the Andhra Pradesh High Court in Govt. of A.P. v. C. Satyanarayana Raju, [1993] 1 ALT 147 expressly over-ruled the ratio in Vizeer's case and held that the red-sanders when attempted to be transported by loading amounted to an offence of forest produce in transit. |
Judge | N/A |
Neutral Citation | 1995 INSC 36 |
Petitioner | State Of Andhra Pradesh |
Respondent | Korrapati Subrahmanyam And Ors. |
SCR | [1995] 1 S.C.R. 246 |
Judgement Date | 1995-01-13 |
Case Number | 71 |
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