BALAM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) EARLIER , the writ petitioner filed an application under Section 482 Cr.P.C. bearing no. 351 of 2015, in which the counter affidavit has already been filed by the State. Vide order dated 18.04.2015, the said application under Section 482 Cr.P.C. was dismissed as withdrawn with liberty to file a criminal writ petition, hence this petition.

(2.) 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 25.11.2014 and 10.10.2014, passed by respondent no. 3 and respondent no. 2 respectively.

(3.) AS per challani report one tractor bearing registration no. UK -04 P -8466 was found carrying illegal mines and minerals from the river bed on 23.08.2014, by a team comprising of forest officials and police officials. Accordingly, the tractor 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 10.10.2014. 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. 51 of 2014 -15. Aggrieved against the same, present criminal writ petition has been filed on behalf of the writ petitioner.