TAJJAMMUL HUSAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel for respondents.

(2.) This writ petition is directed against order dated 08.05.2007 passed by Authorised Officer/ Regional Forest Officer, Kashi, Vanya Jeev Prbhag, Ramnagar, Varanasi. Through the said order, it was directed that petitioner's tractor and bolders (forest produce) loaded thereupon which had been seized and confiscated would be kept in custody in Chakiya premises and after expiry of period of appeal proceedings for disposal of the tractor and said forest produce would be taken. The said order was passed in Case No.35 of 2005, State of U.P. Vs. Tajammul Hussain and Sri Bihari under Section 26 (g), 41, 42, 52 and 52-A of Forest Act, 1927 as amended by U.P. in 1965 by U.P. Act No.23 of 1965 and in 2000 by U.P. Act No.1 of 2001. Against the said order, petitioner filed Appeal No.23 of 2007 under Section 52-B of the Act. The Prescribed Authority/ Special Secretary to Government of U.P. dismissed the appeal and approved the order dated 08.05.2007, hence this writ petition.

(3.) The allegation against the petitioner was that in the intervening night of 17/18th April 2005 at about 2.30 A.M., petitioner's tractor was checked and it was found that it was carrying two cubic meters bolder (patra). Bihari was driving the tractor. No permission to take out the bolder was shown by the driver. The tractor was stopped at Sultanpur Marg near Samal Canal and the tractor was coming from Chanuari Pahari Chhitampur Block K.N.-2. Bihari and another person sitting in the tractor, who were sent to the jail, stated that the tractor belonged to the petitioner. Tractor and bolder were seized/ taken in custody. Appellant filed application for release of the tractor and bolder, on which the impugned orders were passed.