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july 2008

Supreme Court of India · 2008-07-11

State Of Kerala & Ors vs Ancy Phillip & Anr

Citation / case number
AIRONLINE 2008 SC 112
Court
Supreme Court of India
Petitioner
State Of Kerala & Ors
Respondent
Ancy Phillip & Anr
Bench
J.M. Panchal, P. Sathasivam, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court allowed the appeal filed by the State of Kerala, setting aside the High Court's order regarding the disposal of seized timber under the Kerala Forest Act, 1961. The Court clarified that Section 54 of the Act does not require physical production of timber before the Magistrate for disposal, and emphasized the importance of the non-obstante clause in Section 61A and the legal presumption under Section 69. The Court held that the trial against the accused should proceed in accordance with the law without the prior requirement of timber production.

State Of Kerala & Ors vs Ancy Phillip & Anr · Niyam