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TMI Blog1990 (12) TMI 325X X X X Extracts X X X X X X X X Extracts X X X X ..... ce to the State of Maharashtra by exercising the authority vested in them instead of illegally refusing to accept the consignments referring to Circular No. CC-285-Dev-8-83-DRM's/C/BG/Office, Secunderabad, dated 5-8-1983. The impugned circular reads as follows:-- SOUTH CENTRAL RAILWAYS, No. CC-285-Dev-8-83 DRM's/ C/ BG/ Office, SC. Date: 5-8-1983. Sub:-- Transportation of Rosa Oil. It is reported that Rosa Oil is being booked to various places like Bombay without valid permit issued by the Forest Department. The loading of Forest Products should be as per S.77B of the Indian Railways Act (Second Schedule). Please note and notify staff concerned accordingly and ensure that Rosa Oil is not accepted withou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Spl. Cell) S.C. instructed not to book without permit from Maharashtra Government. When the petitioner booked a fresh consignment of the same product on 22-8-1983, the 3rd respondent again refused the consignment and endorsed on the forwarding note that the consignment was refused as prohibited without the permit from the Forest Department. In support thereof he relied on the aforesaid circular dated 5-8-1983. The petitioner, therefore, filed the writ petition to challenge the illegal refusal of the 3rd respondent from accepting the consignment on the ground of want of permit for transportation from the Forest Department. 6. It is also stated in the writ petition that as a matter of fact the Forest Department auctions the Rousa Grass ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und in, or brought from a forest or not, that is to say --timber, bamboos, charcoal, rubber, cacut-chour, catechu, wood-oil, resin, natural varnish, bar, lack, mauhua flowers, mauha seeds, myrobalans, tumki leaves, rousa grass, rauwolfia serphentina, adda leaves and gum. (2) the following when found in or brought from a forest, that is to say- (i) trees, such leaves, flowers and fruits as may be prescribed and all other parts or produce not hereinbefore mentioned of trees; (ii) plants not being trees (including grass, creepers, reeds and moss) and all parts or produce of such plants; (iii) wild animals, wild birds, skins, tusks, horns, bones, silk cocoons, honey, wax and all other parts or produce of animals and birds; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned counsel relies on a decision of the Supreme Court in South Gujarat Roofing Tiles Manufacturers Association v. State of Gujarat, . Before we refer to the decision it is useful to analyse the definition with which we are concerned, viz., S.2(g) of the Act. Though the definition forest produce refers to the expression includes , it is divided into three broad categories:-- (i) Whether found in, or brought from a forest or not (sub-clause (1)), (ii) when found in or brought from a forest (sub-clause (2)) and (iii) such other produce as may be prescribed (sub-clause (3)) The 1st category mentions various articles including wood, rubber, charcoal, wood-oil, resin, natural varnish, bar..... rousa grass..... In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether the Rosa Extract Perfume which was sought to be transported can be said to come under the 1st category. It is the common case that Rousa grass was purchased by the forest contractors; thereafter Rosa oil was extracted by the forest contractors after chemical treatment of Rousa grass and after further chemical treatment by the petitioner the product, viz., Rosa Oil, is sought to be transported. Such a product does not come within the 1st category. We are of the view that the term includes used in the definition of Forest Produce (Sec. 2(g)), in the context really means means and includes and in support of this view we draw assistance from the decision of the Supreme Court cited by Sri Noushad AH. In the case before the Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the rule-making authority from time to time. As at present, the product of Rousa grass is not treated as part of the definition. In this context we may also refer to the decision of a Division Bench of this Court in Kangnudi Industrial Works (P.) Limited, Kuppam v. Government of Andhra Pradesh, 1987 (2) ALT (Notes on Recent cases) 98, wherein Raghuvir, J. (as he then was) and Rama Rao, J. took the view that the preparation of sandal-wood oil involves manufacturing process in the factory and the sandal-wood oil cannot be obtained straight from the tree and, therefore, sandal-wood oil cannot be brought within the fold of forest produce as defined in Section 2(g) of the Act and consequently it does not require transit permit. 14. For ..... X X X X Extracts X X X X X X X X Extracts X X X X
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