RANGE FOREST OFFICER SIRSI Vs. ANANT VENKATARAM

JUDGEMENT

(1.) This is an application under Art. 134(1) (c) of the Constitution, of India for a certificate of fitness for appeal to the Supreme Court.

(2.) The facts of the case are, that a vehicle belonging to the respondent was noticed on 1.2.1976 carrying sandalwood billets which were stated to be smuggled from the forest. The said vehicle was intercepted and subsequently a prosecution case started against the respondent and the Divisional Forest officer, under Sec.71A of the Karnataka Forest Act, 1963 (here in after to be referred to as the Act), confiscated the vehicle. Under Sec. 71D an appeal was preferred against the order of confiscation before the Sessions Judge and the said appeal was dismissed. Thereafter, the respondent filed a petition in 'this Court presumably under Sec.397 of the Code of Criminal Procedure. That petition was decided on merits and the order of confiscation was set aside. The present petition is directed against that order of the Court.

(3.) The learned High Court Government Advocate contended that under Sec.71D(2) the order of the Sessions Judge was final, meaning thereby that no revision was entertainable at the instance of the party before the High Court. According to the learned Counsel this would be an important question of law which needs to be decided by the Supreme Court. It was also contended that this Court failed to take notice of this provision in S.71D and therefore the revision which was not maintainable, was none-the-less permitted to fructify and the order of confiscation was set aside.