MUMBAI: Observing that the offence of theft of sandalwood is against nature and ecology, in a rare conviction under the The Indian Forest Act, a magistrate’s court this week sentenced two city men to three months imprisonment 18 years after they were found attempting to sell 4kg of sandalwood valued at Rs 25,000.
Metropolitan magistrate SP Shinde said that the accused carried the sandalwood without any pass or permit. “There is no material on record to show that the accused persons were having any valid pass or permit to carry said sandalwood. Thus, for the aforesaid reasons it becomes clear that the prosecution has succeeded to prove the charges levelled against accused beyond all reasonable doubt,” the magistrate said last week. The accused Muntajin Mulla and Umar Qureshi, both in their 30s now, have been out on bail. A third accused, Munit Maniyar, is absconding.
Considering ecological reasons, the magistrate also said that the accused are not entitled for getting benefit of Probation of Offenders Act. Under the act an accused can be let off on a bond of good behaviour instead of of being made to serve a sentence. “Thus, substantive sentence of imprisonment would be befitting in the facts and circumstances of the present case,” the magistrate said.
The magistrate also said that the seized sandalwood is to be sent to the district forest conservator for disposal according to law, after the appeal period is over.
