STATE OF GUJARAT Vs. ASHOKBHAI JASUBHAI PATEL

JUDGEMENT

(1.) This is an application by the State for confiscation of the muddamal - JCB Machine bearing registration No.GJ-09-AF139, which is released by the learned Sessions Court, Himmatnagar vide order dtd. 30/8/2017 in Criminal Appeal No.18 of 2009, which was seized and ordered of confiscation by the Authority vide order dtd. 30/4/2009.

(2.) Heard learned APP Mr.Dhawan Jaiswal for the applicant - State and Mr.J.V. Japee, learned advocate for the respondent.

(3.) Mr.Jaiswal, learned APP has submitted that the learned District Court has committed an error of law by not considering the provisions of Ss. 52, 53, 55 and 61 of the Indian Forest Act. He has further submitted that the learned trial Court ought to have considered the seriousness of the damage caused with the help of the confiscating the JCB Machine. The two acres is the huge land which was levelled and destroyed with the help of the JCB machine which is owned by the respondent. He has submitted that the learned trial Court has committed gross error in not properly considering the the material available on the record, more particularly, the statements of about eleven witnesses who supported the case that the respondent is carrying out illegal activities with the help of JCB machine. He has submitted that this application may be allowed by quashing the impugned order.