KOTHARI AND CO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) C.R.P. 783/80 by M/s Kothari and Co., is directed against the order dated 5.1.1980 passed by the District Judge, Mysore, in Misc. Appeal No. 27/80 affirming the order dated 11.1.78, passed by the Divisional Forest Officer, Kollegal, ordering the confiscation of the lorry in question. C.R.P. 1216/80 by respondent No. 3- Rahim is directed against the same order confiscating the lorry in question.

(2.) On receipt of information that sandal wood was being smuggled from Minimum side, the Range Forest Officer, Rampuram and the Range Forest Officer, of the Mobiule Squad, Kollegal went to Dinnalli road on the night of 26.8.77 and kept a watch. After midnight, in the early hours of 27.8.77, they found a lorry bearing No. MYN 5565 parked near the house of one Pakiranaika in Gollaradibba village. On suspicion they checked the said lorry and found in the said lorry 133 billets of sandalwood and a bundle of small sandalwood pieces in all worth Rs. 75,000/-. They were covered with tarpaulin over which farm manure had been piled up. One Mohammed Peer Saheb and one Shiva the cleaner of the lorry were found in the said lorry. Two number plates bearing registration No. MYM 5421 were found in the cabin. Even on the body of the said lorry the number of the said lorry had been painted as MYM 5421 and the name of the owner had been painted as S.A. Rahim. On enquiry with persons who were found in the lorry, it was learnt that the said san- dalwood billets were supplied by one Papa Sab and Mohammed Sulthan from the forest near Minniam and that because the lorry had a break-down, Damodhara-the driver of the lorry had parked the said lorry at the said place and had gone to Mysore to bring spare parts for the said lorry. The Range Forest Officer (hereinafter referred to as the 'RFO') seized the said lorry and the sandalwood under a mahazar Ex. B and produced the said persons, who were present in the said lorry, with a report Ex. A. before the station House Officer, Ramapuram police Station. The lorry and the sandal wood seized were produced before the Divisional Forest Officer as per S. 71-A of the Forest Act.

(3.) The D.F.O., Kollegal, made a reference to the Regional Transport Officer, Mandya, and came to know that no lorry bearing registration No. MYN 5565 had been registered in the office of the R.T.O. at Mandya. The R.T.O. Mysore, however, informed that the lorry bearing registration number MYM 5421 had been registered with him and that Sri. S.A. Rahim was the registered owner of the said lorry. The D.F.O. thereupon issued show cause notices to the accused concerned in this case, as well as to the registered owner of the said lorry. A notification was also published in the Karnataka Gazette dated 29.12.77 calling for objection to the confiscation of the said lorry as required under the provisions of the KARNATAKA FOREST ACT, 1963.