STATE OF GUJARAT Vs. RATHOD MANPRITSINH MAHENDRASINH

JUDGEMENT

(1.) The State of Gujarat has by filing this writ petition under Article 227 of the Constitution of India challenged the legality and validity of a judgement Exh.12 dated 25.9.89 rendered by the Learned Sessions Judge, Panch Mahals, Godhra (hereinafter referred to as "the learned Appellate Judge") in Criminal Appeal NO. 10 of 1989.

(2.) The brief facts leading to the present petition in a nutshell are as follows:-

(3.) I have heard Shri B.Y.Mankad, Learned APP for the State i.e. the petitioner and Shri Akshay Mehta for the respondent i.e. the owner of the tempo. I have perused the documents produced by the petitioner. During the course of arguments, Shri B.Y.Mankad, on query being made by this Court, produced a copy of the order dated 25.11.88 passed by the Assistant Conservator of Forests. It is taken up on record. As submitted by Mr.B.Y.Mankad, said order has been passed under Section 68 of the Act.