RAMA SHANKER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has filed this writ petition under Article 226 of the Constitution of India for the following prayers: -

(2.) THE facts giving rise to the controversies involved in this writ petition in brief are that New Holland blue colour tractor without registration number bearing Chassis No. 87554477 -5245 was seized by forest guard Moti lal on 25.9.2013 alleging that it was being used in quarrying stones, surface soil and laterites etc. from the forest area situated in Madihan Range, District - Mirzapur in violation of the provisions of the Indian Forest Act, 1927 (as amended in U.P.) hereinafter referred to as 'the Act'. It is also alleged that the driver of the tractor seeing the forest guard had un -loaded the forest produces from the trailer attached with the tractor equipped with hydrolic -pump and made a vain attempt to escape. However, the tractor with trailer was intercepted by the forest guard with the help of the local police and was seized. Case No. 20/13 -14 under Sections, 26(G), 41/42 and 52 A of the Act was registered against the driver of the tractor. The petitioner, who is undisputedly the owner of the tractor moved an application for release of the tractor and trailer in the court of Chief Judicial Magistrate, Mirzapur, who vide order dated 8.10.2013 released the tractor in favour of the petitioner subject to conditions mentioned in the order itself. It is after the release of the tractor, the Regional Forest Officer again seized the tractor for the reason that the confiscation proceeding of the tractor as envisaged under Section 52 A of the Act has been initiated by the authorised officer. The petitioner again moved an application for the release of the tractor before the Chief Judicial Magistrate, Mizrapur, which was rejected vide order dated 24.1.2014. The rejection order was confirmed by the Additional Sessions Judge in criminal revision vide order dated 18.4.2014. Thereafter, the petitioner has moved this writ petition for the aforementioned prayers.

(3.) HEARD learned counsel for the petitioner and learned A.G.A. at a considerable length.