STATE OF GUJARAT Vs. LUHANA PRABHUDAS VRAJLAL

JUDGEMENT

(1.) The State has approached this Court under Arts. 226 and 227 of the Constitution of India for quashing and setting aside the judgment and order passed by the learned Addl. Sessions Judge Junagadh in Criminal Appeal No. 40 of 1985 dated 20-5-1987.

(2.) Brief facts of the prosecution case are :

(3.) That on 12-9-1984 the respondents who is owner of the Matador passed through Bilkha-Visavadar Road. At that time near Navi Chavand Patia the Range Forest Officer Visavadar Range raided the vehicle with the help of Police party. On search he found illegal out Sagi wood. There were in all 40 Sagi wood was forest produce and there- fore under Sec. 61A of the Indian Forest Act (hereinafter referred to as the Act) the offence was registered and inquiry was held and ultimately on 28-11-1985 the Deputy Conservator of Forest Gir (West) Junagadh convicted the wood as well as the vehicle used in illegal transportation of the said Sagi wood.