MAHENDRA VISHRAM PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India whereby the petitioner is challenging the order passed by the Dy. Conservator of Forest (North), Valsad whereby the respondent No.2 vide order dated 27.3.2017 directed that the vehicle being Truck bearing registration no. GJ­15­XX­6519 be vested with the State as per the provisions of Section 61(f) of the Indian Forest Act, 1927 and the decision of the learned Sessions Court Valsad, passed in Criminal Appeal No. 32 of 2017 (hereinafter referred to as 'the Act').

(2.) The brief facts giving rise to present petition is that the petitioner had purchased the vehicle being Truck bearing registration no. GJ­15­XX­6519 from the respondent no.3 by executing one agreement to the said effect dated 9.9.2016. However, the said Truck was not transferred in the records of RTO in the name of the petitioner. The said vehicle was seized by Respondent no.2 when the same was parked loaded with forest product viz. Khair logs which were illegally cut from the forest. According to Respondent No.2, the First Offence Register i.e. FOR was registered on 8.10.2016 and the statement of the petitioner was recorded on 7.10.2016 and pursuant to the registration of the FOR, the , the Round Offence No.8 of 2016­17 was registered and whereafter Dharampur Range Offence No. 49 of 2016 was registered. It is also case of the respondent that pursuant to the registration of the said offence, vehicle in question was taken into custody by the forest authorities and proceedings for confiscation of the vehicle was initiated vide Ka/Offence/Vahan/T­8/3906­ 16/2016­17 before Respondent No.2, who has passed the impugned order.

(3.) The Respondent has filed affidavit­in­reply wherien it is submitted that on the basis of input on 7.10.2016, Police Inspector of Dharampur Police Station found a truck in question loaded with illegal Khair wood at residence of the petitioner at Village Fulvadi, Taluka Dharampur, Dist. Valsad. It is also submitted that as loaded Khair woord found illegal, Dharampur Police detained the truck along with the present petitioner and handed over the seized truck loaded with illegal Khair wood with the Petitioner to Dharampur Foreset Range Staff on 7.10.2016 and Dharampur Forest Department took over seized material and carried out necessary Panchnamas, numbered seized Khair wood and calculated it as 141 Khair wood logs, 2.820 Cmt. It is also submitted that as the material was from illegal source and without cutting as well as transit permission, an offence was registered with Makadban Round Forester Offence No. 01/2016­17 dated 08.10.2016, Makadban Round Offnce No. 08/2016­17, Dharampur Range offnce No. 49/2016­17 under Section 41(2)(B) of Indian Forest Act, 1927 and for breach of Bombay Forest Rules, 1942 Rule No. 91, 92 and 94 against the petitiioner. It is also submitted that the petitioner accused was released on bail by Assistant Conservator of Forest, Dharampur as per provisions of Section 65 of Indian Forest Act.