1990 (12) TMI 325 - HC - Indian Laws

Summary

Issues:
- Interpretation of the term "forest produce" under the Andhra Pradesh Forest Act, 1967.
- Requirement of permit for transportation of Rosa Oil by Railways.
- Validity of the circular issued by the Railway authorities.
- Challenge to the refusal of consignment by the Chief Parcel Supervisor.

Analysis:

The appeal before the High Court of Andhra Pradesh arose from a writ petition where the petitioner sought a writ of mandamus to compel Railway authorities and the Government of Andhra Pradesh to accept the consignment of Rosa Extract Perfume, also known as Rosa Oil, without requiring a permit from the Forest Department. The impugned circular issued by the Railway authorities mandated a permit for transportation of Rosa Oil due to concerns regarding misdeclaration and compliance with Indian Railways Act. The main issue revolved around whether a permit from the Forest Department was necessary for transporting Rosa Oil.

The petitioner, a perfume firm, argued that Rosa Oil, derived from Rousa grass, did not fall under the definition of "forest produce" as per the Andhra Pradesh Forest Act, 1967. The Act defined "forest produce" broadly to include various items like timber, bamboos, and natural varnish. The petitioner contended that Rosa Oil did not fit within these categories and, therefore, did not require a permit for transportation.

The High Court analyzed the definition of "forest produce" under the Act and emphasized that the term "includes" in the definition was exhaustive, encompassing items not traditionally considered forest produce. Referring to a Supreme Court decision, the Court interpreted "includes" to mean "means and includes," indicating a comprehensive scope. The Court also cited a previous case where sandalwood oil was held not to be forest produce, supporting the argument that products like Rosa Oil did not necessitate a permit for transit.

Ultimately, the High Court concluded that the consignment of Rosa Oil did not qualify as forest produce under the Act, and hence, no permit from the Forest Department was required for its transportation. The impugned circular mandating such permits was deemed ultra vires the Rules, and the respondents were directed to accept the consignments without insisting on a Forest Department permit. Consequently, the writ petition was allowed, the single Judge's order was set aside, and the appeal was allowed with parties directed to bear their own costs.