MOHD ASHIQUE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Nagpur Bench, dismissing the writ petition filed under Articles 226 and 227 of the Constitution of India, 1950 (in short the Constitution'). The appellant, the owner of motor vehicle i.e. a truck bearing registration No.MH-30-B-2897 challenged the order of confiscation passed by the Assistant Conservator of Forest (Authorised Officer) under section 61-A of the Indian Forest Act, 1927 (in short the 'Act'). The truck was found involved in forest offence on 7.1.1999. It was found that illicitly felled Nimb Wood and Katsawar wood were being transported. The order of confiscation under Section 61-A of the Act was challenged in appeal under Section 61 -D of the Act which was dismissed by learned Sessions Judge, Akola. While admitting the writ petition, the High Court stayed both the orders and directed release of the truck in favour of the appellant subject to certain conditions.

(3.) Learned counsel for the appellant submitted that the factual position has not been appreciated properly. It has not been shown that the appellant had taken any personal interest in the alleged changes or any alterations as alleged.