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(iii)(d) of the Kerala Forest (Amendment) Ordinance, 1992 which was later repealed as per Kerala Forest (Amendment) Act, 1993.

2. The case of the complainant is that on 4.1.1994, on getting secret information that sandal wood oil was being illegally transported, the forest officials went to the Air Port at Karipur. From the Air Port premises, they recovered 460 kilograms of sandal wood oil which was kept for exporting to various foreign countries. On their detection and further investigation the forest officials found that such bulk quantity of sandal wood oil is belonging to the first accused firm of which the second accused is the Managing  Partner. Consequently, on the next day i.e. 5.1.1994, the office premises of the 1st accused was searched as a result of which the officials seized a further quantity of 73.6 kilograms of sandal wood oil. Thus the allegation is that the respondent herein/accused before the trial court kept in his possession so much quantity of sandal wood oil, which is a major forest produce, in contravention of the Kerala Forest Act and therefore he is liable to be prosecuted and punished for the said offence.

9. I have carefully considered the contentions advanced by both the Public Prosecutor as well as the counsel for the respondent. I have also perused the materials and evidence on record.

10. PW1, Forest Range Officer deposed before the court in terms of the prosecution case. According to him, on getting secret information, he along with other forest officials went to the Air Port at Karipur and on searching the premises, detected 37 cartons of sandal wood oil weighing about 460 kilograms, kept in the premises of the Karipur Air Port. The said articles were seized as per Ext.P1 Mahazar. He had further deposed that on further investigation it was revealed that, in the office premises of the accused namely Punjab Aromatics, more quantities of sandal wood oil were kept and accordingly on 5.1.1994, search was conducted in that office premises and seized about 73.6 kilograms of sandal wood oil. Ext.P2 is  the Mahazar for the second seizure. The respondent herein/ accused was arrested from there and taken to the forest office situated at Mathottam, Beypore. According to PW1, the accused illegally collected sandal wood oil and possessed the same in contravention of the provisions of Kerala Forest Act. PW1 is the Officer who conducted the investigation and filed Ext.P4 charge sheet. Exts.P5 and P6 are marked through PW1 which are Form I report dated 4.1.1994 and 5.1.1994. Ext.P7 is the signed statement of the accused given on 12.1.1994. PW2 was the Flying Squad Range Officer of the Kozhikode Flying Squad Range, who deposed that he along with other forest officials, as per the direction of Divisional Forest Officer, Kozhikode went to the Karipur Air Port on 4.1.1994 and effected the seizure from the Air Port as well as from the office premises of Punjab Aromatics. PW2 also deposed in tune with deposition of PW1. PW3 was also a Divisional Forest Officer, Flying Squad who participated in the proceedings along with PWs.1 and 2. He had also deposed in terms of the prosecution case. PW4 was the Divisional Forest Officer, Kozhikode. According to him, he along with other officials went to the spot in pursuance of the information received in the morning of 4.1.1994 about the illicit possession and attempt to export the sandal wood oil. According to PW4, when they reached in the Karipur Air Port, he saw a person  unloading paper boxes from a maruthi van in front of the Air Port. According to him, the person who was found unloading the paper boxes, ran away from the spot on seeing them. He had also deposed about the inspection and search in the office and the factory of the accused and consequent recovery of sandal wood oil from there. Through PW4, Ext.P3 series of invoices seized from the Air Port were marked. PW4 has categorically stated that accused was not able to convince the forest officials regarding the source of the sandal wood oil. Ext.P8 is the sanction order to prosecute the accused which is produced through PW4. Exts.P9 and P9(a) were also marked through PW4. Subsequently PW1 was recalled and the grading reports No.34 of Agmark, 35 of Agmark, 36 of Agmark, 37 of Agmark, Kozhikode are marked as Ext.P10 series. The reports received from the Senior Marketing Officer, Directorate of Marketing and Inspection, Kochin were marked as Ext.P11 series (3 in number). The sample bottle containing sandal wood oil was marked as MO1.

13. As pointed out earlier the accused did not dispute the allegation that the accused was found in possession of the seized sandal wood oil. Therefore the question to be considered is now very specific and clear as to the legal right of the accused to possess such quantity of sandal wood oil. The learned counsel submitted that the accused has got valid licence for manufacturing sandal wood oil and therefore it cannot be treated as illicit or illegal possession but it is legitimate possession on the basis of licence issued by the competent authority. But the learned Public Prosecutor submitted that merely because of the fact that the accused is holder of manufacturing licence, the same does not authorise the accused to possess and handle or transport or export unaccounted quantity of sandal wood oil without disclosing the source of such raw material of sandal wood oil or refined oil.