DHARMENDRA CHOPRA Vs. STATE OF M P

JUDGEMENT

(1.) THE short question arising for determination in this writ petition is whether the Conservator of Forest is competent to register suo-motu appeal against the order passed by the competent authority i.e. Sub Divisional Officer (Forest), Bhanupratappur releasing the truck from confiscation.

(2.) FACTS of the case briefly stated are that on 28/06/1995 the truck belonging to the petitioner was seized as it was transporting illegal bamboos. After affecting seizure and recording statement of the witnesses forest offences case was registered and by its order dated 31/07/1995 (Annexure P/3) the competent authority concluded that the truck was not found involved in transportation of illegal bamboos.

(3.) ON perusal of the above quoted provision it would appear that the power conferred under sub Section (2) of Section 52 A on the appellate authority to register suo- motu appeal is against an order of confiscation and there is no power to register suo-motu appeal when there is an order by the competent authority releasing the vehicle at the end of proceeding.