STATE OF GUJARAT Vs. ABDULSAMAD ABDUL AZIZ KHANDU

JUDGEMENT

(1.) THIS petition has been filed by the State of Gujarat challenging the order passed by the Learned District Sessions Judge, Vadodara dated 30.05.1998 in Criminal Appeal No. 43/1996, whereby the appeal preferred by the respondent herein against the order passed by the Deputy Conservator of Forest was partly allowed and quashed and set aside the order dated 09.10.1996 qua confiscation of the truck bearing Registration No. GJ -7X -4260 and in lieu of that directed the respondents herein to pay Rs. 10,000/ - to the Deputy Conservator of Forest within 15 days.

(2.) THE short facts leading to the filing of the present petition are that on 02.07.1996, the Range Forest Officer, District : Vadodara was on patrolling duty at Kesharpura to Kashipura road, at that time, he intercepted truck bearing Registration No. GJ -7 -X -4260 and with a reasonable apprehension carrying forest produce. Upon making search, it was found that the driver of the truck was loaded with teakwood logs and which was not having any pass or permit and, therefore, the offence was registered as Office No. 9/96/97 and teakwood logs along with the vehicle were seized by the Competent Officer. Thereafter, a show cause notice was issued to the concerned person and after giving opportunity to the respective parties, the Deputy Conservator of Forest has passed an order on 09.10.1996 and confiscated of teakwood logs as well as truck bearing Registration No. GJ -7 -X -4260.

(3.) THE present respondent -original appellants, being aggrieved and dissatisfied with the order passed by the Deputy Conservator of Forest, filed the Criminal Appeal in the Court of Learned District and Sessions Judge, Vadodara under Section 61(b) of the Indian Forest Act.