Supreme Court · 2021 INSC 621 · Decided 6 October 2021
Bharath Booshan Aggarwal v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2021 INSC 621 · [2021] 8 S.C.R. 671
- Case number
- CRIMINAL APPEAL No. 834/2009
- Decided
- 6 October 2021
- Bench
- INDIRA BANERJEE, S. RAVINDRA BHAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 378; Income Tax Act Section 278E
Headnote
Kerala Forest Act - ss.2(f), 27, 69 - Appellant convicted and sentenced by Trial Court u/s.27 (1) (d), u/r.3(iii) r/w r.23 of the Transit Rules - Acquitted by Sessions Court - Acquittal reversed by High Court - On appeal, held: Sandalwood oil in question is a forest seizure ipso facto meant that the appellant had conscious knowledge about its illicit nature or origin; or the inability to account for a transit pass implied that it was procured illegally, thus attracting s.27 - Appellant furnished documents explaining how they had sourced the sandalwood
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