STATE OF GUJARAT Vs. SHANTILAL MANSUKHLAL MISTRY

JUDGEMENT

(1.) The only question agitated in these four petitions filed by the State of Gujarat and the Deputy Conservator of Forests of local division under Arts. 226 and 227 of the Constitution of India, is whether the Sessions Judge has power to modify the order passed by the Forest Officer for confiscation of the vehicle in which some forest produce belonging to a third party was being transported without pass or permit. Hence, these four petitions are being heard and decided together by consent.

(2.) Spl. Cri. Appln. No. 113 of 1988 arises from the order passed by the learned Sessions Judge, Panchmahals, at Godhra, in Criminal Appeal No. 18 of 1987, filed by the owner and driver of the vehicle, whereby the learned Sessions Judge was pleased to set aside the order for confiscation passed by Shri Dinesh Mishra, Deputy Conservator of Forests, Devgadh Baria, and substitute the said order by imposing a penalty of Rs. 5,000.00 on the owner of the vehicle in order that he may retain the custody of the vehicle. Teak wood worth Rs. 4,000.00 was found to be carried in Matadoor Tempo GRQ No. 8060 by the Forest Officer on 8-5-1985. The forest produce no doubt came to be confiscated, but so far as the owner of the vehicle was concerned, the learned Sessions Judge was of the view that the order of confiscation passed by the Deputy Conservator of Forests would be unduly harsh and unjust and that imposition of penalty of Rs. 5,000.00 would serve the ends of justice in view of the valuation of the Tempo at Rs. 75,000.00.

(3.) In Spl. Cri. Application No. 635 of 1988 the order of the learned Addl. Sessions Judge, Panchmahals, at Godhra, in Criminal Appeal No, 21 of 1986 has come under challenge. Shri A. L. E. Sheikh, Deputy Conservator of Forests, Devgadh Baria, had passed an order for confiscation not only of teak wood but also the truck in which it was being carried on 26-11-1985. The learned Addl. Sessions Judge after examining the relevant provisions of law, set aside the order of confiscation of the truck and substituted it by imposing the penalty of Rs. 25,000.00 in view of the fact that the Teak wood found in the truck was valued at Rs. 7,273/- only, by the Range Forest Officer.