TIRATH PRASAD YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this writ petition under Article 227 of the Constitution of India the petitioner has challenged legality and propriety of the order dated 24.11.2006 passed by the 6th Additional Sessions Judge, Bilaspur, in Criminal Revision No.171/05, affirming the order dated 16.6.2006 passed by the appellate authority and Conservator of Forest, Bilaspur in Appeal Case No.28/2005-06 under Section 15-A of the C.G. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 (for short 'the Adhiniyam, 1969') read with Section 52 of the Indian Forest Act, 1927 (for short 'the Act, 1927'), applicable to the State of Chhattisgarh amended vide Act 25 of 1983 w.e.f. 1.1.1983, affirming the order dated 20.3.2006 passed by the authorized authority and Sub Divisional Officer (Forest), Kota in Forest Crime No.299/18 dated 29.10.2005, whereby Tata Pick-up 207 bearing registration number M.P.18-H 3868 has been confiscated.

(2.) I have heard learned counsel for the parties, perused all the impugned orders and copies of other documents filed on behalf of the petitioner.

(3.) As per copies of the impugned orders, the present petitioner, owner of the aforesaid Tata Pick-up 207, was transporting the forest produce i.e. khambhar and Beeja wood. After registering the forest offence property was seized, show-cause notice was given to the petitioner and after sending intimation for confiscation proceeding and providing opportunity of hearing, aforesaid vehicle has been confiscated by the authorized officer and Sub Divisional Officer (Forest), Kota, which was challenged before the appellate authority and the revisional authority and both the authorities have affirmed the order passed by the authorized officer.