MOHAMED KASIM Vs. FIRST ADDL SESSIONS JUDGE

JUDGEMENT

(1.) PETITIONER's vehicle bearing registration No. CAJ 2069 renumbered as CDL 1145 came to be confiscated as per an order dated 18. 11. 1983 passed by the Deputy Conservator of Forests, bangalore, on the ground that it was involved in certain forest offences under the Karnataka forest Act, 1963. The appeal preferred against this order in Appeal No. 55/84 came to be allowed as per order dated 10. 9. 1985 passed by the District and Sessions Judge, Mandya and the matter was remanded to the original authority for passing orders afresh.

(2.) THE file relating to the seizure etc. having been transferred to the Deputy Conservator of forests, Bangalore Division, Bangalore, as at that time there was certain administrative adjustments in the matter of territorial jurisdiction etc. , it was considered by the Divisional conservator of Forests, Bangalore Division, Bangalore, vide order dated 31/1/1986 and the vehicle was again confiscated. Petitioner preferred an appeal yet again in Crl. Mis 2/86 to the court of the Additional Sessions Judge, Bangalore Rural District, Bangalore. This appeal also came to be allowed and the order of confiscation was set aside by the learned District Judge with a further direction to the respondent to hand over the vehicle to the petitioner.

(3.) THE petitioner, though made repeated attempts to take delivery of the vehicle and as the vehicle was not in a running condition, could not take delivery and even the respondent having not shown any keenness or readiness to hand over the vehicle, was forced to approach the learned District and Sessions Judge by filing application I. A. II in Crl. Mis 2/86. It was averred in the application that many parts of the vehicle had been removed and the vehicle was not in running condition at all and as such the petitioner should be awarded compensation on the failure of the respondent to hand over the vehicle in a good and proper condition.