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2004 DIGILAW 609 (KAR)

Srinivas v. Kini VS Deputy Conservator of Forests

2004-11-02

K.L.MANJUNATH

body2004
ORDER K.L. Manjunath, J.--The Petitioner is a registered Trader dealing with Cinnamon leaves, cashewnuts, pepper, etc. He is also an assessee under the Karnataka Sales Tax Act. According to him he is purchasing the arecanut, coconut, pepper, Cinnamon leaves and other products from the private land owners. According to him he has purchased the leaves from the private land owners of Savya village in Belthangady Taluk. When he was transporting the Cinnamon leaves from Savya village to his place, there was an interception by the Forest Guards on 28.2.2002. Therefore, the present petition is filed to direct the Respondents to return 115 bags of Cinnamon leaves seized on 28.2.2004 and to direct the Respondents not to interfere with the transit of Cinnamon leaves from the place of purchase to the place of his business. 2. The case of the Petitioner is contested by the Respondents. According to the counter filed by the Government, Cinnamon Leaves are the forest products which cannot be transported from one place to another place without obtaining the permit from the Respondents and therefore they request this Court to dismiss the petition. Respondents have also contended that 115 bags of Cinnamon Leaves seized from the Petitioner were delivered to the Petitioner and the Respondents are not in possession of the same. Whether the Respondents have really seized 115 bags of Cinnamon Leaves from the Petitioner without drawing a mahazar and whether the Respondents are in possession of the same or whether they have delivered the same to the Petitioner cannot be adjudicated in this writ petition. At best this Court can only adjudicate whether Cinnamon leaves purchased by the Petitioner from private source can be transported from the place of purchase to the place of business of the Petitioner without obtaining a permit if the Cinnamon Leaves were collected by the sellers from their land or from the lands of the private persons. From the perusal of the Forest Act and Rules it is clear to me that Cinnamon Leaves are forest produce. If the leaves are plucked from the forest, the forest produce cannot be transported without a permit. There is no quarrel over this legal proposition. From the perusal of the Forest Act and Rules it is clear to me that Cinnamon Leaves are forest produce. If the leaves are plucked from the forest, the forest produce cannot be transported without a permit. There is no quarrel over this legal proposition. But the question is, if the leaves are plucked from the trees of a private person, whether such leaves can be considered as a forest produce and requires permit for transportation of the same from the place of purchase by the Petitioner. This point is squarely covered by the judgment of this Court in W.P. Nos. 1119 of 1975 and other connected writ petitions, disposed of on 14.10.1976. In the aforesaid judgment, this Court has clearly said that if the leaves are plucked from the trees of an individual person, it cannot be treated as a forest produce and in the such case no such permit is required for transportation. Therefore, in the circumstances it is held that if the Cinnamon leaves purchased by the Petitioner were plucked from the individual tree owners, such leaves cannot be considered as forest produces and the Respondents cannot insist for a permit for transportation. But it is for the parties to prove that the leaves purchased by him or them were from private trees. 3. In the circumstances, this writ petition is allowed in part, keeping open the question of seizure of 115 bags of Cinnamon leaves, it is declared that if Cinnamon leaves are plucked from the private tree owners, for transportation of such leaves there is no necessity for the transporter to obtain permit from the Forest Department under the Forest Act and Rules made thereunder.