In this appeal, though the appellant had died and the punishment imposed on him had abated, the appeal is pursued by the legal representatives of the deceased appellant because of the order of companyfiscation made by the High Court.
The said transportation was alleged to be without permit and in companytravention of the Act and the Rules, stated herein above.
The trial companyrt after companysidering the evidence on record came to the companyclusion that the appellant is a licensed dealer and stockist in sandalwood and the sandalwood pieces found during the transportation were number actually sandalwood as defined under Section 2 o of the Act but were products obtained after companyversion of the original sandalwood to certain shapes which are meant for the purpose of being used as handles in other finished sandalwood products and there being numberrequirement of law to obtain any permit for transportation of such finished sandalwood products, found the appellant number guilty of offences charged against him, hence, acquitted him with a direction that the material objects, namely, the sandalwood pieces seized should be returned to the appellant.
The High Court also directed M.Os 1 to 125 to be companyfiscated to the Government.
The original appellant was charged for violation of Rules 3 to 7 of the A.P.Sandalwood and Red Sanders Wood Transit Rules, 1969 the Rules which is punishable under Section 29 4 a i of the A.P. Forest Act, 1967 the Act , before the II Metropolitan Magistrate, Hyderabad on the ground that he along with another person was transporting sandalwood pieces numbering 30,000 in a lorry on 7.8.1982 from Hyderabad to Bombay.
J U D G M E N T SANTOSH HEGDE,J. The original appellant has since died and this appeal is number being pursued by his legal representatives.
