SHANKARLAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) It appears that the forest officer seized the stock of timber, vehicle and the sawmill acting under the provisions of the Indian Forest Act, 1927 (for short "the Act"), as amended by the Maharashtra legislature. The seizure was reported to the authorised officer who initiated a proceeding for confiscation of seized timber, vehicle and the sawmill. Upon receipt of the show-cause notices, show causes were filed by different parties. After the filing of the show causes, the authorised officer passed the order of confiscation whereby the seized timber, vehicle and the sawmill were directed to be confiscated. When the matter was taken in revision to the Conservator of Forest, the order of confiscation was upheld. Thereupon appeal preferred before the learned Sessions Judge was dismissed, whereupon a writ petition was filed which has been dismissed by the impugned order. Hence, these appeals by special leave.

(3.) In view of the nature of order which we propose to pass, it is not necessary to state the facts. In the facts and circumstances of the case, we are of the view that reasonable opportunity of hearing was not given, as enjoined under the provisions of the Act, especially Sec. 69, and, therefore, the matter has got to be remitted to the original authority.