KUSHMANT CHAUDHARY Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) THE applicant, by means of present criminal writ petition moved under Article 226 of the Constitution of India, seeks to issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 17.05.2014 and 15.07.2014, passed by respondent No. 2 and respondent No. 3 respectively. As per challani report, one dumper bearing registration No. UK -06 CA/0470 was found carrying illegal mines and minerals from the river bed on 04.04.2014, by a team comprising of forest officials, police officials and revenue officials. Accordingly, the dumper was seized. The same was confiscated by the Divisional Forest Officer, West Tarai Forest Division, Ramnagar under Section 52A of the Indian Forest Act (Uttarakhand amendment), vide order dated 17.05.2014. An appeal was preferred before the Conservator of Forests, Haldwani against the same. The Appellate Authority/Conservator of Forests, Western Circle, Uttarakhand, Haldwani dismissed the appeal No. 31 of 2014 -15. Aggrieved against the same, present criminal writ petition has been filed on behalf of the writ petitioner.

(2.) IT is undisputed fact that the writ petitioner is the owner of the dumper in question. Whereas the incident allegedly took place on 04.04.2014, it is the statement of learned counsel for the writ petitioner that no criminal complaint has been instituted against the writ petitioner by the forest authorities so far. Yet, learned counsel for the writ petitioner undertakes that the writ petitioner shall produce the vehicle as and when required by the forest authorities or the Court, if the same is released in his favour. It is highly unlikely that the forest officials will not file a criminal complaint case against the writ petitioner in connection with the offence, which allegedly took place on 04.04.2014, in respect of offences punishable under Sections 26, 41, 42, 52 of the Indian Forest Act.

(3.) CRIMINAL writ petition is, therefore, allowed. Dumper is directed to be given in the supurdagi of it's owner, subject to following conditions: