S RAMALINGAM Vs. ASSISTANT CONSERVATOR OF FORESTS

JUDGEMENT

(1.) THE writ petition is filed challenging the judgment of the Principal Sessions Judge, Vellore made in Criminal Appeal No,49 of 1997 dated 29.1.1998 confirming the order of confiscation passed by the first respondent dated 29.6.1997 and also for a consequential direction to return the Motor Vehicle with Registration No.TN04-B-0860 to the petitioner.

(2.) THE petitioner is the owner of the 407 TATA Van with Registration No.TN-04-B-0860. He had purchased the vehicle on an Hire Purchase Agreement with a Finance Company. THE petitioner used to let out the said van for transporting consignments on hire charges. It is stated that on 07.1.1997, the vehicle was checked at Vellore and it was found to have contained contraband sandalwood weighing 260 kgs worth about Rs.84,000/-.

(3.) IN the meanwhile, the petitioner moved the District Court (the second respondent) with Criminal Appeal No,49 of 1997. Since the order under section 49A(2) of the Tamil Nadu Forest Act was passed, the vehicle could not be released. The second respondent District Court rejected the appeal filed by the petitioner vide judgment dated 29.1.1998 and confirmed the order dated 29.6.1997 confiscating the vehicle. The Court rejected the contention that the petitioner was not given any opportunity against the confiscation.