( 1 ) THE ultimate charge as framed by the Addl Munsiff and First Class magistrate, Mercara on 26-6-1973 against four persons as the accused, is as below :" That you all the accused with common intention, on 20th day of march 1971 at about 3-30 p. m. at Ariyur village have cut down a sandal wood tree in Sy. No. 1/22, a paisari land, valued, at Rs. 2,100 without any authority, and thus thereby committed an offence punishable u/s. 86 of the mysore Forest Act r/w S. 34 of the IPC and within my cognizance. That you all the accused, with common intention, on the said date, time and place committed theft of a sandal wood tree from Sy. No. 1|22 a paisari land of Village Ariyur by severing the said tree i. e. , by taking it out of the possession of the State Govt, intending to take the, said tree dishonestly without the consent of State Govt, and thereby committed an offence punishable u/s. 379 r/w S. 34 of the IPC and within my cognizance. " ( 2 ) BEFORE the learned Magistrate evidence, both oral and documentary, was adduced. All the four accused were convicted as charged. They were sentenced to undergo simple imprisonment for two months. The properties produced were confiscated to the Government. ( 3 ) THE four accused went up in appeal to the, Sessions Judge, Coorg, mercara, in Crla 28 of 1973. The appeal was dismissed. The four accused have now come up in the present revision to this Court. ( 4 ) THIS petition need not detain us long. It can be decided on a single clinching point. Cl. (3) of S. 62 of the Mysore Forest Act, 1963, reads as below :" Every Officer seizing any property under this section shall place, on such property or receptacles or vehicle (if any) in which it is contained, a mark indicating that the same has been so seized. "the expression 'shall' is mandatory, and a failure, to follow it is fatal as observed in two judgments of this Court in Christian Thomas v. State of mysore, Cr. R. P. 160/72. decided on 8-6-1972, and Abdul rahiman v. state of Mysore, Cr. R. P. 180/72, decided on 14-6-1972. The facts of those two cases are almost on all fours with the facte of the. instant case. ( 5 ) THE Forester PW. R. P. 160/72. decided on 8-6-1972, and Abdul rahiman v. state of Mysore, Cr. R. P. 180/72, decided on 14-6-1972. The facts of those two cases are almost on all fours with the facte of the. instant case. ( 5 ) THE Forester PW. 3 Kushalappa, does not say that; he put any mark on the seized sandal wood billets indicating that the same have been so seized. The mahazar Ex. P1 is also absolutely silent, on this aspect. In view of the above situation, Sri K. S. Gowrishankar, learned Advocate o| the petitioners, did not choose to stress any of the other minor contentions, and very justifiably. ( 6 ) THIS Revisin Petition is allowed. The conviction and sentence passed by the learned Magistrate and confirmed by the learned Sessions judge are both set asida. --- *** --- .