SUDHA DEVI CHAUDHARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) These petitions have been brought under Article 227 of the Constitution of India with a prayer to quash the orders passed by respondents No.2 and 3 and the Sessions Court by which the vehicles of the petitioners seized in connection with forest offence were confiscated and the confiscation orders were upheld by the Appellate Court and the Revisional Court.

(3.) Learned counsel for the petitioners submits that Smt. Sudha Devi Choudhary - Petitioner in W.P.Cr. No. 297 of 2016 is the owner of Mahindra Tractor bearing registration No. J.H. 14C/3743; Rajendra Sahu - Petitioner in W.P.Cr. No. 298 of 2016 is the owner of Eicher Tractor bearing registration No.C.G. 13A/7760 and Trolley bearing registration No. C.G. 13-A/7761 and Purushottam Sahu - in W.P.Cr. No. 299 of 2016 is the owner of JCB Vehicle bearing registration No.C.G. 13L 8233. It is submitted that on 15.06.2015 the said vehicles were seized by the Forest Officer in connection with forst offence, while the vehicles were used for illegal transportation of Moorum (Laterite) in the forest area and Forest Offence No. 4523 of 2007 was also registered in this regard. Thereafter, the confiscation proceedings were started by respondent No.3. The petitioners defended their case but the orders of confiscation were passed by respondent No.3 - Sub-Divisional Forest Officer holding that the forest offence was committed, which was either in the knowledge of the owners of the vehicles or by their colleagues. The said orders were challenged before respondent No.2 / Appellate Authority who has upheld the orders of respondent No.3. Thereafter, revision petitions i.e. Criminal Revision Nos. 89 of 2016, 91 of 2016 and 90 of 2016, respectively have been preferred before the Sessions Judge, Bilaspur, which were dismissed by the Sessions Judge on 20.9.2016.