ISSUE:
Whether sandalwood oil is considered a “wood oil” and hence, “forest produce” under Section 2(f)(i) of the Kerala Forest Act, 1961?
Whether the process of collecting the oil should have relevance in considering the character of the oil so collected?
RULE:
Section 2(f)(i) of the Kerala Forest Act, 1961: “Forest Produce” includes the following when found in or brought from, a forest, that is to say- (i) trees and leaves, flowers and fruits and all other parts or produce of trees, and charcoal.
Doctrine of Purposive Interpretation: This doctrine considers the purpose of the law when the language is unclear or ambiguous, or when the legislative intent of a provision of a statute isn’t immediately clear. A statute consists of two parts- the letter and the sense. This doctrine involves considering both parts- the objective and subjective purposes of the law.