VidhiSangh

Supreme Court of India · 06/10/2021

BHARATH BOOSHAN AGGARWAL versus STATE OF KERALA

[2021] 8 S.C.R. 671 · 2021 INSC 621

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Summary

The Court set aside the High Court’s restoration of a conviction concerning seized sandalwood oil. Although sandalwood oil is forest produce, Section 69 of the Kerala Forest Act presumes government ownership, not the accused’s knowledge of illicit origin. Section 27(1)(d) required the prosecution to prove the requisite conscious knowledge beyond reasonable doubt. Seizure and absence of a transit pass did not establish that element on this record, where procurement documents supplied by the accused were not properly produced or investigated. The Sessions Court’s acquittal was left standing.

Issues

  1. Whether sandalwood oil falls within forest produce under the Kerala Forest Act.
  2. Whether Section 69 presumes a culpable mental state sufficient to prove the offence under Section 27(1)(d).
  3. Whether the evidence justified reversing the Sessions Court’s acquittal.

Provisions considered

Held

Result

Appeal allowed; High Court judgment restoring the conviction set aside, leaving the Sessions Court’s acquittal in place. No costs.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 671.