RANGE FOREST OFFICER Vs. KASTURILAL

JUDGEMENT

(1.) This petition under Section 397 read with Section 401 Cr. P.C. by the State is directed against the order dated 13/8/1907, passed by the learned Sessions Judge, Chickmagalor in Criminal Appeal No. 20 of 1986 setting aside the order made by the Authorised Officer and the Deputy Conservator of Forests, Koppa Division, Koppa in Case No. FOC/55/83-84, on his file and directing release of the vehicle bearing Registration No. MYT. 5698 to the owner of the vehicle i.e., the respondent.

(2.) The facts, briefly stated, are as follows: The Range Forest Officer, Kappa, while he was on petrol duty at about 2-30 A.M, on 29-3-1984 on Balehonnur and Jaipura Main Road on suspicion signalled a lorry bearing Registration No. MYT 5698 coming on the said road to stop it. The vehicle was not stopped. It proceeded, further. The Forest Officer chased it and forced it to stop near Herur Society Building. The occupants in the said lorry immediately after the lorry was stopped ran away from there except e person by name Afzal. The Forest Officer checked the said lorry and found it loaded with J 48 sandalwood billets, weighing about 3,450 K.Gs., valued at about Rs. 3,00,000/-. The Forest Officer seized the said lorry and the contents i.e., the sandalwood billets under a mallazar and produced the same before the Authorised Officer and the Deputy Conservator of Forests, Koppa Division, Koppa, for initiating action under the provisions of Section 70-A of the Karnataka Forest Act, 1963 (Act for short).

(3.) The Authorised Officer, issued notices under Section 71. B of the Act to the Registered, owner- Respondent herein and after inquiry passed an order confiscating the lorry seized.