ROOP CHAND KHATIK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition under Section 482 of. the Cr.PC, the petitioner has prayed for quashment of the order confirming the confiscation proceeding of the vehicle, passed by the Sessions Judge, Durg in Criminal Revision No. 180/2005, vide order dated 25-4-2006.

(2.) QUASHMENT is prayed on the ground that without any provision for confiscation of the vehicle under the Indian Forest Act, 1927 (for short 'the Act, 1927') or the Chhattisgarh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964 (for short 'the Act, 1964'), the forest authorities have confiscated the vehicle No. CG-08/ZB-0106 and thereby committed illegality.

(3.) IT reveals from the order of the Authorized Officer dated 2-9-2004 that the property has been confiscated under Section 14 (6) of the Act, 1964 same was impugned in appeal before the Appellate Court and the Appellate Court has arrived at a finding that the petitioner herein has violated the provisions of the Chhattisgarh Transit (Forest Produce) Rules, 2001 (for short 'the Rules, 2001') and has confirmed the order of confiscation. The Revisional ' Court has also affirmed the order of the Appellate Court after holding that the petitioner has violated the provisions of the Rules, 2001. Record further reveals that originally the confiscation order has been passed under Section 14 (6) of the Act, 1964, subsequently it was affirmed by the Appellate Court and the Revisional Court on the ground that the petitioner has violated the provisions of the Rules, 2001.