GOVERNMENT OF GUJARAT Vs. YAKUB ISHAQ HARI

JUDGEMENT

(1.) All these three matters are taken up for hearing together and are being decided by this common order for the reason that the facts as well as the grounds of challenge to the order of the Sessions Judge, Vadodara made in three criminal appeals which had arisen from the order of the Deputy Conservator of Forests, Chhota-Udepur of confiscation of vehicle in connection with the forest offence by the respondents are the same and the orders of the Sessions Judge are also stereotype.

(2.) Leading arguments have been raised by Shri D.M. Thakkar for the respondents with reference to the special criminal application No. 469/97 and as such the facts and grounds of challenge to the order of the Sessions Judge, Vadodara are taken up from this petition. The respondent claims himself to be the owner of the truck No.GJ-7T 7226. This truck was intercepted on 2-7-96 on Kesarpur-Kashipura Road by the Forest Officers and on inquiry it was found to be transporting the contraband forest articles viz. 56 longs of teak wood of different sizes. the necessary panchnama was made and the forest produce contained in the said vehicle was seized and the truck as well was seized. After seizure of the teak wood and the truck and after recording the statements of the driver concerned, notice dated 26-11-1996 were given to the owner of the truck as well as the owner of the teak wood to show cause as to why the said contraband teak wood and the truck should not be confiscated. Pursuance to the same, the owner of the truck and the teak wood filed their written objections. After considering the written objections and the statement of the driver and the relevant panchnama, the Deputy Conservator of Forests, Chota Udepur came to the conclusion that the said teak wood was illegally cut from forest area and being transported in the said vehicle of the respondent without pass or permit. It is further held that the offence has been committed under the Provisions of the Indian Forests Act and in exercise of the powers as conferred upon him under section 61 (2) of the Indian Forest Act as amended by the Gujarat Amendment Act, 1983, he ordered for the confiscation of the truck as well as the forest produce loaded therein and passed the order dated 4-12-1996 accordingly for confiscating the truck of the respondent as well as the forest produce loaded therein. Being aggrieved and dissatisfied with the order of the Deputy Conservator of Forests, Chaeta Udepur dated 4-12-1996, the respondent to the extent it relates to the confiscation of the truck, filed an appeal before the Sessions Court, which came to be decided on 4-4-1997. The appeal was allowed in part and the order of the Deputy Conservator of Forests, Chhota Udepur dated 4-12-1996 confiscating the truck was modified and substituted by the direction to the respondent therein to take penalty in the sum of Rs.25,000/within a period of thirty days thereof. Hence, this special criminal application before the Court.

(3.) On 5-5-1997, the petitions were admitted and by way of interim relief it is directed that the truck in question bearing No. GJ-7 T 7226 be released and handed over to the respondent on furnishing a personal bond of sum of Rs.75,000.00 with one surety of the like amount to the satisfaction of the Deputy Conservator of Forests, Chhota-Udepur for production of the vehicle as and when he is called upon to do so. It is further ordered that the respondent will furnish an undertaking that he will not transfer or alienate the said vehicle and that he will not make any substantial change in the vehicle till further orders.