NASEEM AHMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner, 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 01.04.2015 passed by the Authorised Officer/Divisional Forest Officer, Tarai Pashchmi Van Prabhag, Ramnagar, District-Nainital in Misc. Case No. 22-4/Bailpadav, Year 2014-15 "State v. Naseem Ahmad" and order dated 29.05.2015, passed by the Appellate Authority/Forest Conservator, Pashchmi Vritt, Uttarakhand Haldwani, District-Nainital in Appeal No. 06/2015-16 "Naseem Ahmad v. State."

(2.) As per seizure report, on 17.01.2015, one J.C.B. machine (Utkhanak) bearing registration no. UKD-6034 was confiscated, as the same was found in illegal mining. On the same day at 7:05 a.m., the said J.C.B. was seized by a team comprising of forest officials, police officials and revenue officials. The same was confiscated by the Divisional Forest Officer, Bailpadav, Forest Division, Ramnagar under Section 52A of the Indian Forest Act (Uttarakhand amendment). Against the same order, an appeal was preferred before the Conservator of Forests, Western Circle, Uttarakhand, Haldwani. The Appellate Authority/Conservator of Forests, Western Circle, Uttarakhand, Haldwani dismissed the appeal no.06 of 2015-16. Aggrieved against the same, present criminal writ petition has been filed on behalf of the writ petitioner.

(3.) When the present criminal writ petition was taken up for hearing on 15.06.2015, following interim order was passed by the coordinate bench of this Court: