STATE OF ANDHRA PRADESH versus KORRAPATI SUBRAHMANYAM AND ORS.

Citation: [1995] 1 S.C.R. 246 · Decided: 13-01-1995 · Supreme Court of India · Bench: K. RAMASWAMY, S.C. SEN · Disposal: Appeal(s) allowed

Judgment (excerpt)

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STATE OF ANDHRA PRADESH 
v. 
KORRAPATI SUBRAHMANYAM AND ORS. 
JANUARY 13, 1995 
[K. RAMAWAMY AND S.C. SEN, JJ.] 
A.P. Forest Act, 1967-Sections 20, 29-A.P. Sandel-wood and Red-
sanders Wood Transit Rules, 1969-Rules 2(3) and 3-"Forest Produce in 
Transit''-Meaning of. 
On the intervening night of Feburary 14 and 15, 1978, officers of the 
Forest Department seized 28 logs of red sander-wood loaded in a lorry and 
118 logs kept on the road side for being loaded in the lorry. The trial court 
found respondents guilty of offence under Section 20 read with Section 29 
of Andhra Pradesh Forest Act, read with Rule 3 of Andhra Pradesh San-
D del-wood and Red-sanders Wood Transit Rules, 1969. The respondents 
were comicted. The Additional Session Judge confirmed the conviction and 
confiscation. A Single Judge of the High Court relying on the earlier judg· 
ment in Chennupati Vazeer v.State of A.P., (1980) 2 ALT 391 held that Rule 
3 of the A.P. Sandel-wood and Red-sanders Wood Transit Rules, 1969 was 
E not applicable as forest produce was preparatory for transit and not in 
transit. Hence this Appeal. 
SubselJUently, a Division b.ench of the Andhra Pradesh High Court in 
Govt. ofA.P. v. C. Satyanarayana Raju, [1993] 1ALT147 expressly over-
ruled the ratio in Vizeer's case and held that the red-sanders when at-
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tempted to be transported by loading amounted to an offence of forest 
produce in transit. 
Allowing the appeal, this Court 
HELD : 1.1. The movement of forest produce unless accompanied by 
G a permit amounts to 'forest produce in transit' and an offence under the 
A.P. Forest Act, 1967. Loading of 18 logs of red sander-wood and storage 
of 118 logs of red sander-wood on the road margin for loading into lorry 
would amount to 'forest produce in transit' within the meaning of Rule 3(2) 
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of the A.P. Sandel-wood and Red-sanders Wood Transit Rules, 1969. 
[248-H, 249-A-B] 
246 
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STATEv. K.SUBRAHMANYAM 
247 
1.2. No permit had been issued by the competent authority for transit A 
of the red sander wood to the lorry owner or the persons found in possession 
at the time of loading. Thereby the offence under Rule 3 read with Ss. 20 and 
29 of the A.P. Forest Act, 1967 was rightly found by the Court below. 
Respondent's conviction and sentence as c?nfirmed by the appellate court 
are upheld. Confiscation of the lorry is also upheld. [249-C-D] 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal 
No.71 of 1995. 
From the Judgment and Order dated 13.8.86 of the Andhra Pradesh 
High Court in Crl. R.C. No. 456 of 1984. 
G, Prabhakar for the Appellant. 
V.G. Pragasam for the Respondents. 
The following Order of the Court was delivered : 
Mr. V.G. Pragasam, learned counsel for the respondents, states that 
though on the last occasion he had undertaken to file Vakalatnama for 
respondent Nos. 1 and 6, despite his best efforts, he could not contact them 
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and obtain instructions for filing vakalat. Therefore, we deem that respon-
dent Nos. 1 and 6 are not interested in contesting the matter. They are set E 
ex-parte. 
Leave granted. 
On the intervening night of February 14 and 15, 1978, the lorry - APD 
3156, was being loaded with 28, logs of red sander-wood at tri-junction F 
road, one mile away from Sanipaya near Marrimanu in Cuddapah District 
of Andhra Pradesh State. The officers of the forest department, who were 
in watch, 'proceeded to the place and seized the 28 sander-wood logs 
loaded in the lorry under a Panchnama-Ex.p8. They also seized 118 logs 
which were kept O!l the road side for being loaded into the lorry. The 
Statements of the accused 2 lo 7 who were apprehended on the spot, were G 
recorded under Ex.Pl to P7. The lorry trip sheet Ex. P-19 was also seized. 
Thereafter , they were charged for the offence under s.20 read with s.29 of 
the AP. Forest Act, 1967, (for short, 'the Act') read with Rule 3 of the 
AP. Sandel-wood and Red-sanders Wood Transit Rules, 1969, (for short, 
'the Rules'). The Trial Court after appreciation of the evidence found the H 
248 
SUPREME COURT REPORTS 
[1995) 1 S.C.R. 
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respondents guilty and convicted and sentenced them to undergo imprison-
ment for three months and imposed fine of Rs. 100 on each of them, in 
default to suffer simple imprisonment for a further period of one week. 
Both the sentences were directed to run concurrently. The lorry M0-1 was 
also ordered to be confiscated, if not it was done by the competent 
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authority under s.44 of the Act. O

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