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Supreme Court of India 2018-08-30 dismissed

State of Karnataka vs Prakash & Ors

Bench: 2 — N.V. Ramana

In Brief

The State of Karnataka appealed against the High Court's acquittal of three accused persons charged with transporting sandalwood under the Karnataka Forest Act and Indian Penal Code. The trial court had convicted them based on expert examination of seized goods. The Supreme Court upheld the acquittal, holding that the prosecution failed to prove that the Range Forest Officer who issued the examination certificate possessed the mandatory authorization and training required by Section 62C of the Karnataka Forest Act. Since statutory compliance with Section 62C is mandatory, the absence of such proof meant the offence could not be legally established, and the High Court was justified in setting aside the conviction.

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Criminal Procedure Forest Law Evidence Statutory Compliance

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