AYAZ AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Matador Van bearing registration No. CAM 182 of which the petitioner is the registered owner has been confiscated to the State Government under Section 71A of the Karnataka Forest Act, 1963 (for short "the Act") by the Authorised Officer and Deputy Conservator of Forests, Bhadravathi, (here inafter referred to as "the Authorised Officer") by his order dated 12-9-1985 in Case No. FOC/CON/CR 12/84-85 on the ground that it was used for the commission of a forest offence in the early hours of 26 1 1985 by transporting in it for the purpose of smuggling 81 sandalwood billets from the forest areas called Lingadahalli Amrith Mahal Kaval Farm, Tarikere. The said order of the Authorised Officer has been confirmed by the Additional Sessions Judge, Shimoga, by dismissing criminal miscellaneous appeal No.2 of 1985 filed by the petitioner under Section 7 1D of the Act. Therefore, the petitioner has filed this revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short "the Code") questioning the correctness and legality of the orders of the Authorised Officer and the Sessions Judge.

(2.) The facts which have given rise to this revision are as under: - a) Range Forest Officer, Tarikere. Shimoga, 2nd respondent herein, went to Lingadahalli Amrith Mahal Kaval Farm along with his staff on 25-1 -1985 and was keeping a close watch over the movement of motor vehicles so as to check them as he had credible information that sandalwood was being cut from the forest area and removed illegally. When the second respondent and his staff were so watching the movement of the vehicles, they saw Matador Van bearing No. CAM 1 82 (here in after reffecred to as "the vehicle'") coming from Lingadahalli side. Therefore, they signalled to stop that vehicle. But, the said vehicle sped away without stopping the same. Therefore, the second respondent and his staff suspected it to be a vehicle in which forest produce was being smuggled. Hence, they chased the said vehicle in the departmental Lorry, but they could not either stop or overtake the said vehicle till they reached Langadahalli Tarikere Road and B.H. Road judiction at Tarikere. Some of the staff members evere making enquiry with the people at the said junction. Meanwhile, the second respondent with other members of his staff went in the departmental lorry towards Bhadravathi on B.H. Road in order to detect the vehicle and stop it. As they came near the forest checking gate at Tarikere, they found the vehicle standing near the checking gate. By the time the second respondent and his staff could get down from the lorry, some persons got down from the vehicle and ran towards the nearby Government Timber Depot. The second respondent and his staff chased those persons in order to catch them. But, they failed in their said attempt as it was dark by then. Therefore, they returned back to the place where the vehicle had been stopped and they checked the contents of that vehicle and found inside that vehicle 8 1 sandalwood billets and one stepny of that vehicle. Since it was completely dark by then, they waited near the vehicle till the day break and then recorded a mahazar in the morning of 26-1-1985 noting down the registration number and other particulars of the vehicle and its contents. The vehicle and the sandalwood billets found inside it were seized after putting on the sandalwood billets the mark MFD/TKE/3 by using a hammer containing the said mark. Certain documents found inside the vehicle were also seized. It was ascertained from the said documents that it hadbeen registered in the office of the R.T.O. Bangalore. Therefore, a letter was addressed to the R.T.O Bangalore for furnishing the name and other particulars of the registered owner of the said vehicle. In the meantime, the petitioner appeared before the authorised officer and filed an application praying for release of the vehicle to his custody as he was the registered owner of it and he had no knowledge of the commission of the forest offence by using his vehicle as it had been misused by the persons to whom he had given it for hire on 23-1-1985. The Authorised Officer held an enquiry during which he recorded the statements of (1) Thimmanna, Agriculturist, Tarikere, (2) P. Krishnan, resident of Taiikere, and a retired official of Irrigation Department, who were the attestors of the seizure mahazar Exhibit P3, (3) B.K. Narasimha Murthy, Forester, Thagadabagi Section, Tarikere Range, (4) K.S. Ramachandran, Assistant Conservator of Forests, who was leading the forest Staff on the night of 24/25-1-1985 and also (5) Ayaz Ahmed petitioner. During the course of his statement, the petitioner had produced a document marked as Exhibit D1 containing writing in Urdu under which he had given the vehicle for hire on 23-1-1 985.

(3.) On a consideration of the statement of the said witnesses and contents of the documents produced before him, the Authorised Officer passed an order dated 12-9-1985 confiscating the vehicle on the above mentioned ground. The petitioner was unsuccessful in his appeal before the Sessions Judge, Shimoga, against the said order.