STATE OF GUJARAT Vs. DHANSUKHLAL AMRUTLAL PUROHIT

JUDGEMENT

(1.) Heard Ms.N.V. Joshi, learned counsel appearing for the petitioners.

(2.) Invoking jurisdiction of this Court under Sections 226 and 227 of the Constitution of India, the petitioners have prayed for appropriate writ, order or direction to the effect that the order passed by the ld.Sessions Judge, Valsad, in Criminal Appeal No.55 of 2002, be quashed and set aside, whereby the ld.Sessions Judge has allowed the appeal preferred by the owner of the Maruti Fronti Car bearing Registration No.GJ-15-C-1179 ( for short 'Maruti Car') allegedly used in piloting the motor truck bearing Registration No.GTK-5938 (for short 'the truck'), loaded with 'Kherwood', a forest produce.

(3.) Assailing the said order, it is argued by Ms.N.V. Joshi, ld.APP, that the ld.Sessions Judge has erred in applying the ratio of the decision in the case of Manubhai Babubhai Patel v. Deputy Conservator of Forest and another, reported in 1985 (2) GLR 836. According to Ms.Joshi, the facts of the referred decision are materially different than the facts of the present case. In the referred decision, even as per the case of the Forest Department, an attempt was being made of use of tempo to carry forest produce and actually when the same was intercepted and ceased, it was not found loaded with any forest produce; whereas in the present case, there is ample evidence on record with the Forest Department and there is also admission on the part of the person travelling in the truck carrying 'Kherwood' in the truck in question in violation of the law and committing offence punishable under the Forest Act. Ms.Joshi has also pointed out the facts stated by the driver of the truck namely Kalyanbhai Chamarbhai Patel (Annexure-E) as well as statement of the driver of Maruti Car namely Rajeshbhai Amrutlal Shah. As per the say of the Forest Department, the real brother of Rajesh A. Shah is the owner of the Maruti Car and the petitioner-State mainly relies on the admission made by the said two persons i.e. driver of the truck and driver of the Maruti Car.