H T GANESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER is the owner of a Maruthi Van bearing No. KA-01-2855. He is challenging the order dated 30. 6. 1999 (wrongly mentioned as 30. 5. 1999 in the prayer column of the Writ Petition) passed in Criminal Miscellaneous No. 52 of 1993 by the learned Additional Sessions judge, Shimoga, confirming the order of confiscation dated 5. 3. 1993 passed by the 2nd respondent - Authorised Officer and Deputy Conservator of forests, Forest Mobile Squad, Shimoga Circle, Shimoga.

(2.) THE 2nd respondent passed an order in exercise of his powers under section 71-A (2) of the Karnataka Forest Act, 1963 (hereinafter referred to as 'the Act', for short), confiscating the vehicle in question along with sandalwood pieces and chips weighing 167 kgs found in the vehicle. Aggrieved by this order, the owner of the vehicle - petitioner herein filed an appeal under Section 71-D of the Act before the learned Additional sessions Judge, Shimoga. The said appeal having been dismissed, the present writ petition is filed.

(3.) THE facts necessary for the disposal of this writ petition stated in nutshell are that on 31. 1. 1993 at about 7. 30 a. m. , the Forest Mobile Squad, shimoga, stopped a Vehicle bearing No. KA-01-2855 near M. R. S. on umblebylu-Shimoga road on suspicion. On inspection it was found that the vehicle was driven by one Mohammed Nayaz Pasha. Sri K. S. Suresh s/o. Srinivasaiah and Sri K. T. Puttaswamy S/o Manjappa Gowda were the inmates of the vehicle. All the three persons were arrested. The forest staff seized 44 pieces of sandalwood weighing 157 Kgs and plastic bags having 10 Kgs of sandalwood chips, totally weighing 167 Kgs. The Range forest Officer, Forest Mobile Squad, Shimoga, registered a case in No. FMS. SMG. FOC. 181/92-93. A mahazar was conducted and the vehicle was seized.