SUKHAM BAI Vs. STATE OF C G

JUDGEMENT

(1.) Heard. This petition under Article 227 of the Constitution of India is preferred against order dated 4th September, 2004 passed by the 1st Additional Sessions Judge, Ranker, by which revision of the petitioner against appellate order, confirming order of confiscation of vehicle, has been dismissed.

(2.) Facts giving rise to this petition are that the vehicle of which the petitioner undisputedly is the owner was found carrying forest produce without any valid authority of possession, which led to initiation of confiscation proceedings. Vide order dated 11.2.2004, the Authorized Officer held that vehicle was used for commission of forest offence and passed an order of confiscation. An appeal against the order of confiscation was also preferred, which was also dismissed on 27.5.2004. The petitioner, thereafter, availed the remedy of revision available to him under Section 52-B of the Indian Forest Act, 1927 (hereinafter referred to as "the Act of 1927"). The revisional Court, however, dismissed the revision against the appellate order, giving rise to this petition.

(3.) Learned counsel for the petitioner has raised twofold submissions. Firstly, it is submitted that during the pendency of this petition, the accused who were alleged carrying forest produce including the driver have been acquitted vide judgment of acquittal dated 16.9.2008 passed in Criminal Case No. 1713/03 by the Chief Judicial Magistrate, North Bastar, Kanker. In view of this subsequent development, when no forest offence has been found to be committed and accused alleged to have committed offence have been acquitted, the order of confiscation is liable to be cancelled and the vehicle also be directed to be released in favour of the petitioner.