STATE OF MADHYA PRADESH Vs. SURESH KUMAR

JUDGEMENT

(1.) This appeal by Special Leave is filed by the State of Madhya Pradesh Challenging the legality and correctness of the judgment and order dated 2nd January, 1996 in Writ Petition No. 701 of 1994 passed by the Madhya Pradesh High Court at Jabalpur.

(2.) The facts in brief are as under :-

(3.) On receipt of a secret information, a direction was given to the forest employees of Maksudangarh, forest region to cordon the area at 2.00 a.m. on 17th January, 1991 to check illegal transporation of the forest produce. At about 2.00 a.m., a truck was spotted near Kalapatha and when it was tried to be stopped by the forest employees, the inmates of the said truck opened fire from the fire arm and fled away. The cleaner of the said truck was however apprehended on the spot. The truck was then brought to the forest depot and it was revealed that it was carrying 120 logs of teak wood covered by tarpaulin. The truck and the forest produce were seized and a necessary information was forwarded to the Regional Officer, Maksudangarh on the same day. The Chief Judicial Magistrate, Raghogarh Court, was duly informed on 18th January 1991 by the Competent Authority. On conclusion of the preliminary investigation, confiscation proceedings were initiated by the Competent Authority (SDO), Beenaganj under Section 15(4) (6) of the Madhya Pradesh Van Upaj (Vyapar Viniyaman 1969) Amendment Act, 1986 (for short 'Adhiniyam'). The Competent Authority during the confiscation proceedings recorded statements of various forest employees and called upon the respondent to cross-examine them if he so desired. From the record, it appears that he declined to cross-examine any of these witnesses. In defence, the respondent got recorded his statement and he was cross-examined by the Competent Authority.