Srinagar: The J&K High Court has rejected a petition by a forest officer praying quashing of an FIR and sanction for prosecution on charges of felling green deodar trees worth lakhs of rupees in lieu of monetary gains in the Forest Division of Kupwara.
Justice Rajnesh Oswal rejected the petition of Farooq Ahmad Lone, who had remained posted as Block Officer, Town Handwara from June, 2005 to October, 2009, saying the petition is without merit.
The judge left the petitioner free to agitate his defence before the trial court saying “the same shall be considered by the trial court without being influenced in any manner in respect of any observation made by this court while deciding the present petition.”
The prosecution story is that a case FIR No.42/2007 under section 5(1)(d), 5(2) of PC Act r/w 120-B, 467, 471 of RPC was registered in Police Station VOK on 17-07-2007. The allegations were that a criminal conspiracy was hatched by Ghulam Mohiuddin Bhat (Forester) & proprietor & manager of a private timber sale depot/joinery mill namely M/S Three Star Enterprises Handwara.
The conspiracy was later joined by Syed Rafique (Range Officer) Rajwar, Farooq Ahmad Lone (Forester) and proprietor of a bandsaw mill, Ghulam Rasool Wani.
In furtherance of the criminal conspiracy, the accused beneficiary in league with the accused Forest officials and Ghulam Rasool Wani dishonestly and clandestinely felled the green standing deodar/kail trees in different compartments of Forest Range Rajwar. After crushing the logs into sleepers/joists at the alleged bandsaw mill, and after converting into finished joinery items, they have disposed of a portion of this illicit timber, it said.
The respondents further said that during the corresponding period, M/S Three Star Enterprises have made sales/dispatches of deodar timber/timber items to the tune of 6317 Cft which is (6317-5332) 985 Cft in excess to the legally held stocks.
Besides, on inspection by the Vigilance Organisation (VOK) team, stocks of 3255 Cft. of deodar were seized from the possession of M/S Three Star Enterprises.
They said there is no account of genuine source in respect of deodar timber of 985 Cft dispatched beyond legally held stocks and there is also no account of genuine source in respect of deodar timber of 3255 Cft (seized by VOK on 26-05-2007), making a total of 4240 Cft which is established as illicit and smuggled from the nearest forest compartments of Rajwar Forest Range by M/S Three Star Enterprises in connivance with concerned officials of the Forest department.
The illicit deodar timber of 4240 Cft has been evaluated as per the market rate for Rs 42,68,704 through Chief Conservator of Forests, Kashmir.
The court held that the disputed questions of facts cannot be considered while adjudicating a writ petition challenging the validity of FIR and sanction accorded for prosecution of the petitioner.
“In view of the above, there is no force in the contention of the petitioner, as such the same is, accordingly, rejected,” it said adding the sanctioning authority is not supposed to act as a post office as it is expected to apply its mind on the allegations levelled against the delinquent employee and is not bound by the findings of the Investigating Officer.
The sanctioning authority has to independently evaluate the material placed before it for the purpose of grant or refusal of the sanction.
The comparative reading of Section 6(1)(a) of the PC Act, 197 Cr.P.C and Section 42(2) of the J&K Forest Act reveals that sanction to prosecute a Forester under section 42(2) of J&K Forest Act and ‘public servant removable with the sanction of the government’ for commission of offences under P.C. Act can be granted by the government.
The sanction in this case has been granted by the Deputy Secretary to Government, General Administration Department (Vig.) Civil Secretariat, Srinagar/ Jammu, which is the government in terms of Rule 12 of J&K Government Business Rules, as were applicable at the relevant point of time, said the court.
