CHANDRA KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) IN this writ petition under Article 226/227 of the Constitution of India, the petitioner has assailed the legality and validity of the order passed by the Sessions Court, vide Annexure P -1, the appellate order passed by the Conservator of Forest (Annexure P -2) and the original order passed by the Authorized Officer (Annexure P -3), whereby petitioner's tractor -trolley has been confiscated under Section 52 of the Indian Forest Act, 1927 (for short 'the Act, 1927') for being found involved in illegal transportation of forest produce in contravention of the provisions of the Chhattisgarh Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 (for short 'the Adhiniyam, 1969) and Chhattisgarh Van Upaj (Vyapar Viniyaman) Kastha Niyam, 1973 (for short 'the Niyam, 1973').

(2.) FACTS of the matter, briefly stated, are that at about 13:50 hrs on 5 -2 -2001, SHO, Saraipali intercepted petitioner's tractor bearing No.MP -23 G8046 and trolley bearing No. MP -23 G8047 and caught red handed while transporting 24 pieces of Teak Sawn (Sagon Chiran). The Saraipali police handed over the matter to the Authorized Officer on 8 -2 -2001 for drawing confiscation proceedings and thereafter the said officer registered forest offence on POR No.5741/08. Since during investigation of the matter the petitioner failed to produce any valid transport permit or permission authorizing him to transport the specified forest produce seized from him, a show -cause notice was issued for confiscation of the vehicle and the confiscation proceedings was drawn.

(3.) THE authorized officer recorded statement of the witness produced by the Saraipali Police and the petitioner. According to the prosecution witnesses, when the tractor and trolley was intercepted and the driver was asked to produce papers for transporting the forest produce, he informed that the vehicle as well as the forest produce belongs to the petitioner. The driver escaped on way when he was being brought to the police station. In his statement before the authorized officer, the petitioner stated that his driver was taking the forest produce to a carpainter for manufacture of a door. The teakwood was purchased 3 -4 years back from one Ganesh timber, whose original transport permit is with his driver Mohan Kewat.