TMI Blog1993 (5) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings were laid under section 51 (1) of the Act against the respondents in Special Leave Petition (Crl.) Nos. 27-29 of 1992, they questioned the jurisdiction of the court in C.C. Nos. 145 and 148 of 1988. Eschewing delineation of intermediary proceedings went on from the start of prosecution, the High Court in exercise of its power under section 482 of the Code of Criminal Procedure, 1973 for short 'the Code' by order dated August 31, 1992, reported in Mohammed Aliv. Forest Range Officer, (1992) 2 KLT 502 quashed the complaint holding that Sandal Wood Oil is not'wood oil' as defined in s.2 (f) (i) of the Act. So it is not a forest produce. Thus these appeals by Special leave. When same question subsequently arose, other learned Single Judge doubting the correctness of aforesaid judgment referred the matter to the division bench which by order dated December 15, 1992, reported in Khushboo Enterprises v. Forest Range officer, (1993) 1 KLT 91 held that Sandalwool Oil is a forest produce within the meaning of S.2 (f) (1) of the Act. Thus the appeal in the other case. The Forest Conservation Act, 1980 aims to prevent depleting forests, conservation thereof and protection of wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y known as "oil trees" or "wood oil trees". This family of trees are variously known in different parts of South India but they relate to Dipterocarpucoae family. Wood oil is gathered by heating the hole in the trunk to induce exudation of the olec-resin from the tree and commercially dealt with as wood oil which is a cheap substance in the commercial world used solely for the purpose of painting planks of wood or wooden vessels floating in the sea. The physio-chemical properties of wood oil are distinct and different from other oil. Sandal wood oil would be produced only at factory level and that too by mechanised process utilising the heart wood and roots of sandal wood trees removed from the forest as a raw material. Sandal wood oil is having very high commercial value and it is mainly used in manufacturing perfumery and cosmetic items of different types and grades.The production of sandal wood oil is being carried out as industry, either by licence by the individuals or the state government as its monopoly like Karnataka State, in a larger scale or as a small scale business. It is further contended that the meaning of the word "wood oil" defined in S. 2 (f) (1) must receive its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... latus (family Dipterocarpuceae), a tree of India and other regions of Southern Asia. Similar meaning was given in Concise Chemical and Technical Dictionary edited by H. Bennett (Fourth Edition) at page 1217; Scientific Treatises on the subject by Ernest Guenther in volume 6; Edward Balfour in his 'Cryclopaedia of India' and of Eastern and Southern Asia; R.N. Khori- in his 'Materia Medica of India and their Therapeutics' and' Pharmacographia Indica' by Willim Dymock defined wood oil in the same strain.All these technical literatures were concerned in finding out physio-chemical properties contained in wood oil and the source from which they are drawn for use in industrial purposes. The literal interpretation given therein if given acceptance would lead to manifest frustration of the purpose of the Act. In its interpretation we have to keep at the back of our mind the purpose which the Act and the Parent Act (Forest Conservation Act) seek to sub serve. J.F. Dastru equally in his 'Medical Plants of India and Pakistan'tread into the same path and given construction to wood oil in the context of its exudation obtained from the trunk of the trees belonging to the family of Dipterocarpace ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... set of words for another, or as strictly defining what the meaning of the term must be under all circumstances, but rather as declaring what may be comprehended within the term where the circumstances require that it should be so construed. This Court in Babu Manmohan Das Shah Ors. v. Bishun Das [ 1967] 1 SCR 836 adopting the ordinary rule of construction stated that "the provisions of a statute must be construed in accordance with the language used therein unless there are compelling reasons such as where the literal construction would reduce the Act to absurdity or prevent manifest legislative purpose from being carried out". The question therein was the interpretation of the phrase "materially altered the accommodation or is likely substantially to diminish its value" in the construction to a shop. In that context this court laid that cardinal principle of statutory construction referred to hereinbefore would apply. In State of Madhya Pradesh v. M. V. Narasimhan, [1975] 2 SCC 377 the definition of 'public, servant' in S.21 I.P.C. was amended and clause 12 thereof was brought on statute. The Prevention of Corruption Act, 1947 created its own provisions as specific offences of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dalwood (Santalum Album) are cut into pieces. Its heart wood and roots of Sandalwood trees removed from the forest are used as a raw material at a factory level that too by mechanised process to extract sandalwood oil. The purpose for which the oil is used is not decisive. Therefore, the word wood oil used in the Act will require purposive interpretation drawing the context in which the words are used and its meaning will have to be discovered having regard to the intention and object which legislature seeks to subserve. The restricted meaning sought to put up by the accused would frustrate the object and the literal interpretation would defeat the meaning. The Legislature does not intend to restrict the word wood oil nor we find any compelling circumstances in the Act to olive restricted meaning that only oil derived from Dipterocarpus trees to be wood oil as contended for the accused and found acceptance to the learned single Judge. The purposive interpretation would aid conservation of sandle wood, a valuable forest wealth, prevent illicit failing and transportation of them and makes the manufacturers of sandlewood oil accountable to the possession of sandlewood trees or chips o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, that the word 'pottery' does not include tiles industry for the purpose of Minimum Wages Act. The ratio therein renders little assistance to the accused. In Rathi Khandsari Udyog and Ors. v. State of U.P. and Ors., [1985] 2 SCC 485, this court held that the words not defined may be construed in the popular sense in which it is being commonly used in commercial parlance. The ratio is not apposite to the fact situation. Similarly the construction placing reliance on the passage at p. 164 of Craies on Statute Law that the word is to be construed in the sense in which it is being understood in trade, business or transaction known to the trade is also inapplicable to the factual context. In Fatesang Gimba Vasava and Ors. v. State of Gujarat and ors., AIR 1987 Gujarat 9 the division bench construed whether bamboo would include in its ambit cut pieces in the context and the purpose the Act sought to serve the tribals in the forest area. Privilege was granted to the tribals to remove certain forest produce from forest area for sale to supplement their livelihood. When toplas, supdas and palas made out of bamboo chips were being taken out for sale, they were sought to be prosecuted. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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