Dismissed

Chokkalingam v. The State of A.P

Telangana HC17 Mar 2017CRLP/1951/2017

Case brief

AI extract

What is this about?

The single-judge bench dismissed a bail petition challenging the refusal to grant anticipatory bail to a Forest Beat Officer accused of aiding Red Sanders smuggling. The court held that the petitioner violated his duty and aided smugglers for unlawful gain, seeing no ground for pre-arrest bail.

What did the court decide?

Petitioner's bail application dismissed; criminal petition dismissed.

Chokkalingam Vs The State of A.P — Environment and Pollution | Telangana HC (2017)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.1951 OF 2017

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ORDER:

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The petitioner, who is A-22, in Crime No.7 of 2017 of Y.V. Palem Police Station, Chittoor District, filed the present petition under Section 438 Cr.P.C. to release him on bail in the event of his arrest in connection with the above crime, registered for the offences punishable under Section 20(d)(i) of the A.P. Forest Act, 1967, read with Section 20(1)(c)(ii)(iii)(iv)(ix) & (x) of the A.P. Forest (Amendment) Act, 2016, Section 36 read with Section 32(A) of the A.P. Forest (Amendment) Act, 2016, Section 3 of the Prevention of Damage of Public Property Act, 1985, Section 55(ii) read with Sections 3, 4 and 6 of the Biological Diversity Act, 2002, and Rules 3 and 4 of the A.P. Sandal Wood and R.S. Wood Transits Rules, 1969, and Sections 120-B, 379, 109 read with Section 34 IPC.

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The petitioner is working as a Forest Beat Officer. He allegedly extended his co-operation for smuggling of Red Sanders from the forest. The alleged incident occurred on 10.02.2017 at about 7.00 a.m., at Forest area, situated northern side of Bhudidetivaripalli, on Y.V. Palem – Rompicherla Road, Y.V. Palem Mandal, Chittoor District and reported in the Police Station on the same day at about 9.00 a.m., in which the police apprehended A-1 to A-7 and recovered 6 red sander logs, weighing about 189 kgs., worth about Rs.4,72,500/-, one Hero Honda Splendor + Motor Cycle No. AP 03-BU-0983, worth about Rs.50,000/-, one Bajaj Pulsar Motor Cycle No.AP 03-BY-8045, worth about Rs.90,000/-, from their possession under the cover of mahazar, while A-1 to A-7

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and A-8 to A-26 entered into Seshachalam reserve forest illegally, cut the red sander live trees and made logs from, then they committed theft of same logs and transportation by walk through the forest for smuggling, but police intercepted and apprehended A-1 to A-7 and recovered above property from their possession. As per the confession of A-1 to A-7, remaining accused A-8 to A-26 are involved in this offence and added their names in this case and on the strength of the same, the police registered Crime No.7 of 2017 and issued FIR.

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The petitioner is a Forest Beat Officer of Nerabailu, Chamala Range of Bhakarapet, who allegedly detected such crimes and received merit certificates from Wild Life Management Division, Tirupati, specifically in protection of forests and wildlife, detection of red sanders cases, but it is evident from the material on record that the Forest Beat Officer himself along with other staff members is aiding certain Red Sander smugglers, who were caught red-handedly while transporting red sandal logs. Thus, the material on record would show prima facie that the petitioner is also one of the conspirators in the commission of such offence being a Forest Beat Officer. The duty of the Forest Beat Officer is to protect the forest products, instead of discharging his duty, he is allegedly aiding to the Red Sander smugglers for smuggling of red sanders and `he is the accused in several other crimes for identical offences. Therefore, the petitioner does not deserve any sympathy being a Forest Beat Officer, who violated his duty and aided to Red Sander smugglers for unlawful gain. Therefore, I find no ground to enlarge the petitioner on pre-arrest bail. Consequently, the criminal petition is liable to be dismissed.

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In the result, the Criminal Petition is dismissed. Miscellaneous Petitions, if any, pending in this criminal petition shall stand closed.

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JUSTICE M.SATYANARAYANA MURTHY

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Date: 17^th March, 2017 KL

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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CRIMINAL PETITION No.1951 OF 2017

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Date: 17^th March, 2017

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Chokkalingam v. The State of A.P

Case brief

What is this about?

What did the court decide?

Chokkalingam v. The State of A.P

Case brief

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