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Cutted trees in restricted area and charged with sec 6.3


15-Aug-2023 (In Criminal Law)
Dear Sir, I have been charged under section 6.3 of subject act, punishable under section 7.(1) of the same act. I have been accused of cutting down mangroves. Section 6(3) of above act concerns non-forest land, and states that no tree shall be cut in notified non forest land. A note below section 6(3) states that mangrove areas are notified areas. However, my property is a paddy field as per sale deed. Furthermore, paddy is being cultivated there now. Section 2(c) of above act clearly states that paddy fields are not non forest land. So,is the Act applicable to my paddy field, and can I be punished?
Answers (2)

Answer #1
736 votes
copy of charge sheet is required to provide a correct opinion on this issue.
suppose, if the land is a paddy land,then charging of sections mentioned in your query is libel to be quashed.
we can try to quash the charge
Answer #2
893 votes
Hi,
In this case, you are at liberty to move to the High Court to quash charge or FIR against you in the lights of the fact that your property is a paddy field as per the sale deed, and the paddy fields could not considered as forest land for the purposed of the alleged provision in the said Act. For further discussion, please contact.

Adv PT Sheejish
Ernakulam

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