M T JOY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS revision is directed against the order of the Principal Sessions Judge, Madikeri passed in Crl. A. No. 50 of 1995 dismissing the appeal filed by the petitioner.

(2.) THE facts in brief are as follows : Forest Squad attached to D. F. O. Madikeri on receiving credible information on 31-12-1994 visited Jani Thangavva's estate at Maragodu, Hosakeri village and found a lorry bearing Reg. No. KL-7a-6084 parked there covered with tarpaulin. They searched the lorry and found 15 rose wood logs hidden under the paddy husk bags. They were seized under a mahazar as the driver or owner of the lorry failed to produce necessary licence. The property and the lorry were produced before the Authorised officer for initiating confiscation proceedings. The authorised officer upon enquiry, passed the order dt. 4-10-1995 confiscating the property and the vehicle. The order of the Authorised officer was challenged before the learned Sessions Judge in appeal. It was contended that the authorised officer has passed the impugned order in violation of natural justice. He has erred in not considering the admissions made by PWs. 1 and 2 and that he has also not considered the provisions of S. 62 (3) of the Karnataka Forest Act ('the Act' for short) and that the authorised officer erred in holding that petitioner had knowledge of transporting rose wood logs in the lorry.

(3.) THE learned Sessions Judge however has held that these contentions have no merit and therefore, dismissed the appeal. The legality and correctness of this order is challenged in this revision.