Forest Range Officer v. Khushboo Enterprises

Core point: The Supreme Court said sandalwood oil counts as “wood oil” and is therefore forest produce under Section 2(f)(i) of the Kerala Forest Act.

The method—exudation or extraction—does not change the oil’s natural character. Sandalwood in any form is treated as timber. Seizure under forest law was, therefore, within the regime.

1. Is sandalwood oil a “wood oil” and thus “forest produce” under Section 2(f)(i)?
2. Does the process of obtaining oil matter for deciding its legal character?

• Kerala Forest Act, 1961 — s.2(f)(i): “Forest produce” includes trees and all other parts or produce of trees, when found in or brought from a forest.
• Purposive Interpretation: Read the statute to serve its aim when text is broad or unclear; consider both the letter and the purpose.

The Supreme Court held that sandalwood oil is a wood oil and thus a forest produce under Section 2(f)(i). Sandalwood in any form is timber. The nature of the oil is natural and latent in the tree; whether it is collected by exudation or by extraction does not change its character.

• Part/produce of trees: Oil derived from the tree—by exudation or extraction—remains a natural produce of the tree.
• Sandalwood as timber: Once treated as timber, its derivatives fit within “produce of trees”.
• Purposive reading: The Act aims to regulate valuable forest derivatives; words are read to advance that aim.

It settles that sandalwood oil falls under forest produce controls. Traders must follow forest law permissions; enforcement agencies have clear footing for seizures and prosecutions.

• Sandalwood oil = wood oil = forest produce.
• Method (exude vs extract) does not change nature.
• Sandalwood in any form is treated as timber.
• Purposive interpretation supports regulation.

Mnemonic: “Tree Oil, Nature Wins” (TON).

1. Tree Oil: The oil is a produce of the tree.
2. Origin: Exuded or extracted—still natural.
3. Nature Wins: Purpose of the Act governs.

Forest Produce

Items listed by law as coming from or found in forests, including parts/produce of trees.

Wood Oil

Oil obtained from trees; may flow naturally or be extracted.

Purposive Interpretation

Reading a law to meet its goal when text is broad or ambiguous.