INDRANI SHRIVASTAVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Parties are heard. By this petition under Articles 226 and 227 of the Constitution of India, petitioner seeks to challenge the correctness, validity and propriety of the order Annexure P-9 dated 5-7-2000.

(2.) The short facts are that the petitioner's vehicle Maruti Van No. MP-26C/5407 was seized by the Forest Authorities in relation to P.O.R. No. 3772, finding that it was engaged in illegal transportation of timber. The petitioner made an application for interim custody of the vehicle, but the same has been rejected by the competent authority/Dy. Divisional Forest Officer, Bilaspur.

(3.) The submissions of the learned counsel for the petitioner are that the vehicle is rusting and rotting in the custody of the forest officer and the same is not being looked after properly. At the time of culmination of the proceedings in favour of the petitioner, in place of vehicle he would besupplied some junk and in case order for confiscation is passed, the State would be left with some junk which would not be worth any value in the market. According to the learned counsel for the petitioner, during the pendency of the proceedings neither the interest of the petitioner should suffer irreparably and the interest of the State should also be properly protected. According to him, the order passed by the authority shows absolute non-application of mind and his petition has been rejected in view of the some order issued by the higher authorities.