RAJENDRA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner, by this petition has challenged the legality and validity of the impugned order dated 27.12.2007 passed by 8th Additional Sessions Judge (F.T.C.), Raipur in Criminal Revision No.58 of 2007, whereby the learned Revisional Court dismissed the criminal revision filed by the Petitioner and upheld the order of confiscation passed by prescribed officer/Sub Divisional Officer (Forest), Saraipali under the provisions of Section 15 of the Chhattisgarh Vanopaj (Vyapar Viniyam) Adhiniyam, 1969; hereinafter referred as 'Adhiniyam, 1969'.

(2.) Brief facts of the case are that on 24.03.2005, when the employees of the Saraipali Range were on patrolling duty, they found one tractor loaded with wooden logs in agriculture field of Dhan Singh near village Koyal Bahal. The forest employees enquired with regard to the papers of transporting woods from the driver of the tractor namely Set Lal, son of Nayan Singh who stated that he was not in possession of any transport permit for transporting loaded wooden logs. The employees of the forest department on the said averments of the driver, seized the tractor bearing registration No.CG 04 ZG 3732 (old No. MP 23 G 6611) and tractor Trolley bearing registration No.CG 04 ZG 3733 (old No. MP 23 G 6612) and wooden logs of Beeja, 8 in numbers measuring 072 cubic meters. The seizure of the aforementioned article have been made by one Shri S.K. Panigrahi i.e. the forest guard which is also evident from the seizure memo dated 25.03.2005 which is annexed at Page No.126 of the paper book. After seizure of the article and registration of the offence under Indian Forest Act, 1927 bearing POR No.759 of 2008 information was sent to the Sub Divisional Officer (Forest), Saraipali on 31.03.2005. The prescribed officer/ Sub Divisional Officer (Forest), Saraipali issued notice intimating the Judicial Magistrate for initiating the proceedings of confiscation on 31.03.2005. Subsequently, the notices were also issued to the Petitioner to show cause as to why the tractor Trolley should not be confiscated. The Petitioner appeared and his statement was also recorded by the prescribed authority wherein he stated that he was having no knowledge of any offence as he had sent his vehicle alongwith the driver for religious work in the function organized by Gayatri family.

(3.) That, the prescribed authority/ Sub Divisional Officer (Forest), Saraipali after completion of proceeding of confiscation, by considering all the materials, facts and evidence available on record passed an order of confiscation of tractor bearing registration No.CG 04 ZG 3732 (old No. MP 23 G 6611) and tractor Trolley bearing registration No.CG 04 ZG 3733 (old No. MP 23 G 6612) vide its order dated 24.11.2006.