SHIV SHANKAR KESHARWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Instant petition under Article 226/227 of the Constitution of India has been filed assailing the order firstly passed by the Divisional Forest Officer (In short, DFO) on 6/8/2004 in Case No.74/11 ordering for confiscation of the Truck bearing registration number CG-12-ZC-1119 belonging to the petitioner which was seized being involved in the forest offence. Secondly, the petitioner has also challenged the order dtd. 10/11/2004 passed by the appellate authority i.e. Conservator of Forest (in short CF) who has also affirmed the order passed by the DFO rejecting the appeal of the petitioner.

(2.) Lastly, the petitioner has also challenged the judgment dtd. 10/3/2005 passed by the Sessions Judge, Bilaspur, in Criminal Revision No.451 of 2004 whereby the revision petition preferred against the orders of DFO as well as Conservator of Forest has also been rejected.

(3.) The facts in nutshell is that, one Rajendra Kumar Kesharwani is said to have hired the said Truck for some mining activities. However, the forest officials registered a Forest Offence No.76/2011 on 6/6/2004 alleging that the said Truck belonging to the petitioner was found to be illegally loading boulders/stones in the said Truck from the forest area. A show cause notice (Ex.P/2) dtd. 30/6/2004 was issued in this regard, to which Rajendra Kumar Kesharwani, who had taken the vehicle from the present petitioner had submitted his reply on 1/7/2004 contesting the case on merits.