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1988 DIGILAW 85 (KER)

MAJEED v. STATE OF KERALA

1988-02-12

SANKARAN NAIR

body1988
Judgment :- 1. Courts below concurrently found petitioners & another guilty of the offence under S.27(1)(g) of the Kerala Forest Act, and sentenced them to undergo rigorous imprisonment for three months and to pay a fine of Rs. 300/- each with a default sentence. On 18-5-1984, PWs.1.2 & other Forest Officials found petitioners moving pieces of a teak tree in the reserved forests. They were removing it out of the forest. This was seized under Ext. P1. Acting on the evidence of PWs.1 & 2, Courts below found the charge. 2. Learned counsel submitted that evidence does not establish the charge, and that the evidence is not reliable either. The Courts on facts have considered this aspect and found that there was reliable evidence to establish the charge. I am in agreement with the view taker by the Courts below. 3. Then it was contended that a lenient sentence may be imposed, stating that the value of the timber is not considerable. I have difficulty in agreeing with the submission. It is not the value of the article involved, but the nature of the offence that should be considered. The offence, is a serious one, indeed. Thomas Wolfe paid: "Some things will never change. The voice of forest water In the night, a woman's laughter in the dark, the clean bard rattle of ravel, delicate web of children's voices In bright air-the glitter of sunlight on roughened water, the glory of the stars. All things belonging to the earth will never change the leaf the blade, the flower the wind that cries and sleeps and wakes again, the trees whose arms clash & tremble in the dark". But, many things have charged. The glitter of sunlight is shrouded in industrial smogs, the leaves, the blades and grass and their ethereal fragrance go info memories of yester-years The frets are wantonly destroyed. The sweet air of dawn has been conquered by industrial fumes. The streams die hushing their ripples of laughter for ever and thinning into a trickle. 4. The ancients had greater awareness of nature and its role in human life. The epics & mythologies-referred to earth & nature as Godesses. The Greeks deified nature and worshipped. Industrial pollution and destruction of nature upsetting ecological balance have turned to be frightening menaces. Industrial effluents and fumes have polluted air. The high seas of the world have become global dumping grounds. The epics & mythologies-referred to earth & nature as Godesses. The Greeks deified nature and worshipped. Industrial pollution and destruction of nature upsetting ecological balance have turned to be frightening menaces. Industrial effluents and fumes have polluted air. The high seas of the world have become global dumping grounds. An industrial society progressing by leaps and bounds to material wealth has mindlessly hurt environment almost to a point of no return. It has to be restored to its pristine purity, if life on the planet should prevail. 5. The Forest Act, is a piece of legislation in this direction and it makes destruction of forests a serious offence. The legislative perception must be enforced, with seriousness of purpose. So viewed, sentence is not harsh at all. Conviction and sentence are confirmed and Revision Petition is dismissed. Dismissed.