Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 27 Kerala Forest Act – ss.2(f) 69 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Kerala Private Forests (vesting and Assignment) Act, 1971 (26 of 1971) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Kerala Forest Act – ss.2(f), 27, 69 – Appellant convicted and sentenced by Trial Court u/s.27 (1) (d), u/r.3(iii) r/w r.23 of the Transit Rules – Acquitted by Sessions Court – Acquittal reversed by High Court – On appeal, held: Sandalwood oil in question is a forest product – However, High Court erred in holding that its seizure ipso facto meant that the appellant had conscious knowledge about its illicit nature or origin; or the inability to account for a transit pass implied that it was procured illegally, thus attracting s.27 – Appellant furnished documents explaining how they had sourced the sandalwood oil – Evidence furnished to the State was not even produced in Court – State did not discharge its burden of proving beyond reasonable doubt that the appellant had knowledge of the fact that the goods were illicit in origin – High Court concluded incorrectly that the result of s.69 is a presumption that places the reverse burden of proof in respect of an offence – Impugned judgment set aside – Kerala Forest Produce Transit Rules – rr.3 (iii), 23 – Code of Criminal Procedure, 1973 – s.378. Criminal Law – Mens rea – Held: Generally, there is a presumption that mens rea is an essential ingredient in every offence – That presumption can be displaced either by the phraseology of the law creating the offence or by the subject matter with which it deals; both must be considered – Kerala Forest Act – Income Tax Act, 1961 – s.278E – Essential Commodities Act – s.10E. Kerala Forest Act – s.69 – Presumption under – When not applicable – Discussed. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2021 INSC 621 |
Petitioner | Bharath Booshan Aggarwal |
Respondent | State Of Kerala |
SCR | [2021] 8 S.C.R. 671 |
Judgement Date | 2021-10-06 |
Case Number | 834 |
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