MOHMADHANIF ISMAIL ADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner, by way of present petition under Articles 226 and 227 of the Constitution of India, seeks to challenge the legality and validity of the Judgment & Order dated 28th September, 1998 passed by the Hon'ble Sessions Judge, Panchmahal at Godhra in Criminal Appeal No. 23 of 1997 dismissing the Appeal preferred against the order of confiscation of the Truck bearing Registration No. GTH 7069 of the ownership of the petitioner passed by the Authorized Officer i.e. the Range Forest Officer, District : Panchmahal dated 15.12.1997.

(2.) THE short facts leading to the filing of the present petition are that the truck bearing Registration No. GTH 7069 belonging to the petitioner was intercepted by the Range Forest Officer, Vejalpur and the Mobile Squad of the Forest Department on Kalol -Vejalpur road. Upon making search, 106 pieces of teakwood logs admeasuring 4.306 cubic meter were found. Therefore, the Range Forest Officer asked pass or permit for the transportation of the said muddamal, however, the said truck driver did not have any such document and, hence, the Range Forest Officer seized the same under Section 52 of the Forest Act and, thereafter, offence came to be registered. The truck driver was arrested for the offence punishable under Section 41(2)(b) of the Forest Act. Thereafter, the inquiry was carried out and report to that effect dated 16.09.1997 was forwarded to the Authorized Officer, who issued notice to the owner of the vehicle i.e. the petitioner herein to show case as to why the said truck should not be confiscated. After considering the reply filed by the petitioner to the said show cause notice, the Authorized Officer considered the documents and the statements as well as report of the Range Forest Officer and, thereafter, passed the order to confiscate the said truck. The Authorized Officer has considered following documents:

(3.) REPLY to the notice given by the present petitioner.