STATE OF GUJARAT Vs. NATHABHAI MADHABHAI PRAJAPATI

JUDGEMENT

(1.) By way of this application, the applicant-State has prayed to quash and set aside the judgment and order of the learned Sessions Judge, Sabarkantha dated 17.08.1999 passed in Criminal Appeal No.26 of 1995.

(2.) The brief facts of the case are that on 01.05.1994, a tractor bearing No. GAD 9209 and trolley No. GRN 9148 owned by respondent No.1 and driven by respondent No.8, herein, carrying 'Khakhar' woods was intercepted by a watchman Mr. Bhagabhai Andabhai Parghi. Mr. Bhagabhai, hence, informed the competent Authority about the same.

(3.) Heard, learned Counsel for the parties and perused the documents placed on record. This Court has gone through the impugned order passed by the appellate Court. From the said order it transpires that on the basis of the statement made by respondent Nos.3 that the vehicle in question was hired by one Vastabhai Lalabhai to transport the woods in question and that the original owner of the vehicle in question was not issued show-Cause notice as required under the provisions of Section 61-A, the appellate Court came to the conclusion that the competent Authority has committed an error by passing the order of confiscation of the vehicle in question and passed the impugned order. However, while passing the said order, the appellate Court has not taken into consideration the statements of respondent Nos.5 to 7 and their deposition made before the competent Authority in which they have clearly stated that they had cut the woods in question on instruction from respondent No.2 and that for the same they were paid Rs.600/- by respondent No.2. The said fact is supported by the evidence of respondent No.3 who in his deposition has stated that on the day of alleged incident he went to the place of incident with respondent No.2 and that respondent No.2 had paid an amount of Rs.600/- to the accused persons for cutting and loading the 'Khakhar' woods in the vehicle in question.