NIZAMUDDIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned petition is filed by the owner of the car bearing Reg.No.MHY-4559 which is confiscated for having committed the offence under Sec. 71-A of the Karnataka Forest Act, 1963. Feeling aggrieved by the confiscation order passed by the authority, the petitioner herein preferred an appeal in Crl.Appeal No.181/2008.

(2.) The appellate court having re-appreciated the material on record declined to accept the defence set up by the petitioner herein. The petitioner claims that car was stolen and the same was used to transport the sandalwood. Petitioner having set up the defence that car was stolen prior to commission of the alleged offence, has failed to substantiate the same. The appellate court found that if his car was stolen, then he ought to have replied to the show-cause notice issued by the authority before confiscating the car, which was used to transport the sandalwood. The appellate court has recorded a categorical finding that this defence is setup after 7 1/2 years of the incident and it is only an afterthought. The said order is under challenge.

(3.) Heard the learned counsel for the petitioner, learned AGA for the respondent-State and perused the material on record.