KADIYABHAI RADATIYABHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, learned advocate Ms.Siddhi Vadodariya appearing for the petitioner has submitted that the petitioner is ready and willing to deposit an amount of Rs.25,000.00 with the Deputy Conservator of Forest and upon such deposit, the vehicle Tractor Trolley bearing registration No.GJ-01-LU-5185 may be released. She has placed reliance on the order dtd. 25/4/2018 passed in Special Civil Application No.6358 of 2018.

(2.) In the present writ petition, the petitioner has prayed for release of his vehicle Tractor Trolley bearing registration No.GJ-01-LU-5185 and also for quashing and setting aside the seizure order dtd. 7/2/2021. So far as in receipt of the seizure of the vehicle is concerned, the same was seized by the order dtd. 7/2/2021 for the reason that the petitioner was transferring kher wood in his vehicle without obtaining any pass or permit for carrying such goods.

(3.) It is submitted that on bona fide mistake, the petitioner's son loaded the kher wood from the field of one Sumanbhai Makanbhai Koli and while on his way, the respondent no.3 and other forest officers have seized the vehicle in question. It is submited that this is the first offence and the vehicle is not involved any past offence. It is further submitted that no notice and proceeding for confiscation of the goods for the alleged offence under Ss. 26(1)(f), 41(2)(b) and 61 of the Forest Act, 1927 (for short "the Act") has been undertaken. It is further submitted that the petitioner has not committed any contravention or offence under Sec. 41(2)(b) of the Act and hence, the respondent may be directed to release the vehicle on payment of amount of Rs.25,000.00. Further, reliance is placed by her on Sec. 53 read with Sec. 61 of the Act, which empower the forest officer of a rank not inferior to that of a Ranger who released property under sec. 52 .