WWICS chief's conviction upheld in Forest Act case

Time of India

4 days ago

Mohali: A local court on Monday upheld the 2009 conviction of Col Baljit Singh Sandhu (retd), owner of WorldWide Immigration Consultancy Services (WWICS), in a case under the Forest Conservation Act, 1980, but granted him probation instead of jail time.
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The order was pronounced by additional sessions judge Prashant Verma.
Under the probation terms, Sandhu will now serve his sentence under the supervision of a probation officer, allowing him to remain in the community rather than face incarceration. The decision effectively offers the convict a chance to rehabilitate under legal scrutiny, in accordance with provisions of criminal law.
Advocate Amit Mandkan, counsel for Sandhu, said they plan to challenge the sentencing further.
"We will file for revision of the sentence in a higher court," he said.
The case pertains to a violation of Section 2 of the Forest Conservation Act, 1980, for which Sandhu was convicted by the chief judicial magistrate, Rupnagar, on Sept 17, 2009. The conviction was made under Section 3(A) of the Act, which deals with penalties for unauthorised use or diversion of forest land.
Sandhu filed an application seeking compounding of the offence under Section 359(5), corresponding to Section 320 of the CrPC, 1973.
He argued that the offence should be compoundable under Section 68 of the Indian Forest Act, 1927, which permits certain forest-related offences to be settled out of court.
However, the application was rejected by the Divisional Forest Officer, Mohali, and subsequently contested by the State. The prosecution maintained that the Forest Conservation Act, 1980 does not contain any provision to compound offences, and Section 68 of the 1927 Act applies only to specific offences listed under that statute.
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The court concurred with the State's argument but granted probation considering the long-pending nature of the case and other mitigating factors.
The court's decision highlights the legal complexity in cases involving overlapping provisions of environmental laws and underscores the distinction between compoundable and non-compoundable offences under different forest legislations.
While the probation order spares Sandhu from immediate jail time, the legal battle appears far from over as the defence prepares to pursue further relief through appellate forums.