NAVEEN CHAND Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking the following reliefs:

(2.) It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the Chotta Hati, bearing registration no.U.K 04 CA-6394. It is stated that the said vehicle of the petitioner was seized by the forest department in connection with the recovery of wood of Sagwan tree and Misc. Case No. 43/Bankheda/2013-14 was registered against the petitioner. The petitioner admitted the offence and applied for the release of his vehicle. On 17.05.2014, the respondent no. 2 passed the judgment under Section 52- A of the Indian Forest Act (Uttaranchal Amendment 2001) and confiscated the vehicle of the petitioner. Against the order dated 17.05.2014, the petitioner preferred an appeal before the respondent no. 3. On 15.07.2014, the respondent no. 3 dismissed the appeal of the petitioner. Hence, this writ petition.

(3.) Learned counsel for the petitioner further submitted that petitioner is the owner of the vehicle in question and he has nothing to do with the said wood. He submitted that the said vehicle was seized on 17.02014 and the same will get damaged, inasmuch as, the petitioner is not in a position to use it due to its detainment. He submitted that the said vehicle has been purchased by the petitioner on loan and, if the same is not released at the earliest, in that event, the petitioner will not be able to pay its installments within time. He submitted that the petitioner is ready to give an undertaking before the Magistrate concerned.