PATEL KANJIBHAI GOVINDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . This petition under Art. 227 of the Constitution of India, is directed against the order dated 29-3-1986 passed by the Deputy Conservator of Forests, Vyara, in inquiry No. 20 of 1985-86 as confirmed by the learned Sessions Judge, Surat in Criminal Appeal No. 21 of 1986, regarding confiscation of Truck No. GTS 6727 belonging to the petitioner under Sec. 61A of the Indian Forests Act, 1927, on the ground that Teak wood valued at about Rs. 50,000.00 was being carried in the truck without pass or permit in village Palasia.

(2.) . It appears from the order passed by the Deputy Conservator of Forests, respondent No. 3 herein, that on 18-10-1985 the Range Forest Officer, Unai, noticed that 50 Teak trees were felled unauthorisedly from the Reserve Forest No. 11 of Amonia village by some miscreants, and the wood was converted into sawn sizes. He, therefore, drew a panchnama and started inquiring into the offence by recording statements. Meanwhile on 19-10-1985 the Range Forest Officer of Unai, found during night patrolling of Kelai-Vankla Road that one truck had gone to Palasia for transporting illegal timber. One person was found driving on a Rajdoot Motor Cycle in a suspicious manner and so he was intercepted and with the help of the said person, namely, Abdulkadar Razak Memon the truck No. GTS 6727 loaded with teak wood was traced in the village. After being satisfied that a forest offence had been committed the Range Forest Officer, Unai, seized the said truck with timber, and also the motor cycle under the relevant provisions of the Indian Forests Act, 1927 hereinafter referred to as the 'Act'. The Range Forest Officer recorded the statements of Abdulkadar Razak who was piloting the truck, Shri Vinodbhai Ratilal Dave who was driving the truck and Shri Ashok Popat who was the cleaner moving with him. These three persons were produced before the learned Magistrate of Vyara. The truck driver and the cleaner pleaded guilty and they were sentenced to two months' imprisonment by the learned Magistrate. So far as Abdulkadar Razak Memon was concerned, he came to be acquitted in Criminal Case No. 125 of 1986.

(3.) . In the meantime the petitioner approached the High Court with an application praying to release the truck. His application was considered and interim relief was granted, and respondent No. 3 Deputy Conservator of Forests was directed to take a final decision about confiscation of the truck. It was the petitioner's case that he had given his truck to M/s. Umang Transport, Bhavnagar, for carrying vegetable oil from Bhavnagar to Vapi. The consignee was Gujarat Co-operative Oil Seeds Growers Federation. As the driver in regular service of the petitioner one Harishbhai was sick, the truck was entrusted to Vinodbhai Ratilal Dave, who went with the clearner Ashokbhai to Vapi for delivering 600 Tins of Edible oil. The consignment reached Vapi on 19th October, 1985 and the vehicle was expected to be brought back by the driver after loading some goods from Broach for being delivered at Bhavnagar. However, according to the petitioner, the said driver and the cleaner who came in contact with Abdulkadar Razak Memon of Unai, carried timber at his instance from Unai without any intimation to the petitioner or to M/s. Umang Transport of Bhavnagar. Thus, according to the petitioner the alleged forest offence that had been committed by the driver and the cleaner without any intimation to the petitioner and without his authority, and, therefore, his vehicle could not be confiscated.