(1.) This petition can only be under Article 227 of the Constitution of India. Mentioning of Article 226 of the Constitution of India in the title of the petition is wholly misplaced. This petition is against the order of learned Sessions Judge, Vadodara and here this can only be under Article 227 of the Constitution of India.
(2.) The facts of the case are that the petitioner is the owner of the truck bearing No.GTF 277. It was seized as therein teak wood was loaded. It was kept at Nasvadi Depot of the Forest Department. Confiscation proceedings of the truck were started and the Deputy Conservator of Forests, Chhota Udepur under its order dated 19-5-1997 ordered for confiscation of the truck. That order has been challenged by the petitioner before the learned Sessions Judge by filing an appeal and the appeal was partly allowed and the order of confiscation of the truck passed by the Deputy Conservator of Forests, Chhota Udepur was substituted by penalty of Rs.70,000.00. the petitioner was not satisfied with this order and he filed this petition.
(3.) It is contended that the authorities below have gravely erred in assessing the value of teak wood at Rs.42,750.00. This value of teak wood was only of Rs.22000.00. It has next been contended that the truck is of the year 1978 model and its value was not more than Rs.40,000.00 and penalty of Rs.70,000.00 as imposed by the learned Sessions Judge is towards the higher side. It is urged that the penalty could not have been exceeding the value of teak wood, the forest produce for the commission of the offence the truck in question was used.