Calcutta High Court junks FIR against man booked for felling trees, asks him to plant 4 saplings

Background

The case arose after the secretary of a housing society in Thakurpukur alleging that four small trees (two guava trees, one small jhau tree and one mango tree) were found with their heads cut-off.

The accused submitted that the case was initiated without any direct evidence against him.

It was further submitted that in the West Bengal Trees Act, 2006, it was specifically mentioned that no prosecution shall be instituted in respect of any offence under this Act without the previous sanction of the State Government or such officer or authority as may be authorised by the State Government. He argued that no such order was found before lodging of the complaint.

He also argued that the definition of “feeling of tree” under the Act does not consider cutting of the branches as had happened in the case.

Opposing the plea, the counsel for the state submitted that the complaint alleged cutting of heads of the trees and therefore, it squarely came under the purview of the Act.

The state’s counsel however submitted that nothing could be found from the Case Diary that any sanction was obtained.

The court noted that the offence is a non-cognisable offence and the mandatory provision which is to be followed in case of non-cognizable offence in terms of Section 174(2) (no investigation without magistrate order) of BNSS was not followed.

“Though certain materials were found against the petitioner but on account of non-compliance of mandatory provision of Section 174(2) of BNSS and in view of the observation of the co-ordinate Benches this court is of the view that the proceeding is liable to be quashed and if it is allowed to be continued it would be the abuse of the process of law,” the court said.

The court however stressed upon the importance of environmental conservation.

“This Court is also conscious of the importance of the environmental conservation and suggest that the complaint regarding tree cutting should lead to efforts to maintain ecological balance,” the court said.

The court therefore quashed the proceedings against the man while directing him to plant at least four trees.