ARVIND KUMAR DUBE Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Brij Raj Singh learned counsel for the petitioners, learned A.G.A. and Sri A.K. Singh Solanki.

(2.) THIS petition is filed against the order dated 8 -12 -2002 passed by the Up Van Sanrakshak/Pradhikrit Adhikari, Rashtriya Chambal Sanctuary Project, Agra, whereby truck No. UP -84 -2388, Engine No. 692802371486 and Chassis No. 364046359759 was confiscated in favour of the State and the order dated 11 -3 -2003 passed by the Pradhikrit Adhikari/Special Secretary, Van Vibhag, U.P. Shasan in Appeal No. 01/4241 -2003/405 (23)/2003 filed by the petitioner was dismissed.

(3.) IN view of the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and from the perusal of the record that it is clear that the petitioner is a bona fide owner of the truck in dispute and at this stage the prosecution has failed to establish that the petitioner was having knowledge that his truck was used in the commission of the abovementioned offence and the petitioner himself is not accused in the abovementioned case. In such circumstances it will be proper to release the truck in dispute in favour of the petitioner by imposing certain necessary condition, so the Up Van Sarankshak/Pradhikrit Adhikari, Rashtriya Chambal Sanctuary Project, Agra is directed to release the aforementioned truck in favour of the petitioner by imposing certain necessary conditions, which are required by the law. Accordingly, both the abovementioned orders are set aside and the petition is allowed. Petition allowed.