RAJUBHAI BACHLABHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent State.

(2.) The prayer is made to issue appropriate order and direction by quashing and setting aside the impugned order dtd. 5/9/2020 passed by learned Principal District & Sessions Judge, Chhota Udepur in Criminal Revision Application No.6 of 2020 as well as confiscation order dtd. 25/7/2019 passed by Deputy Conservator of Forest, Chhota Udepur; and further direction to respondent no.3 to release the vehicle being Max Pickup Van bearing Registration No.GJ-20-T-4895, in favour of the petitioner.

(3.) Ms. Sangeeta Pahwa, learned advocate for the petitioner submits that, the petitioner is the owner of the vehicle, who was plying the same for earning his livelihood by transportation of goods, which is the only source of income. She stated that on 5/10/2018, petitioner after getting 6 pieces of 'panchrau' wood cut from the forest tree was taking the same from Kumbhani to his house at Koti. At that time the Range Forest Officer stopped the petitioner and seized the vehicle along with goods on the ground that the petitioner was not holding any pass/permit for carrying raw wood and therefore it was alleged that the he has committed offence under Sec. 41(2)(b) of Indian Forest Act, 1927.