HRIDAI CHAUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner by means of this writ petition is assailing the order dated 12 March 2015 passed by the Appellate Authority/Special Secretary, Van Anubhag-2, U.P. Government, Lucknow in Appeal No. 5088/14-2- 2014/076/2015 arising from an order dated 7 Aug. 2014 passed by the Prescribed Authority/Divisional Forest Officer, Kamoor Vanya Jeev Prabhag, Mirzapur, seizing the vehicle under Sec. 52A of the Indian Forest Act.

(2.) The petitioner is the owner of Tractor Trolley bearing Registration No. U.P. 64-S 4219 which is alleged to have loaded boulder purportedly forest produce was carrying it on illegal transportation documents. The vehicle was intercepted by the Forest Authorities, consequently, a Range Case No. 02 of 2014 under Sections 41 and 42 of the Indian Forest Act, was registered on 27 April 2014. Pursuant thereof, proceedings for seizure of the vehicle was initiated, petitioner entered appearance by filing objection contending therein that the bolder loaded on the vehicle was not forest produce but was loaded from the plot of the lease holder, namely, Rajesh Yadav and was being transported on a valid MM-11 Form. The Prescribed Authority rejected the objection, aggrieved, petitioner preferred an appeal which was also rejected. It is sought to be urged by the learned counsel for the petitioner that the evidence adduced by the petitioner was not considered and petitioner is entitled for release of the vehicle under Sec. 68.

(3.) Learned Standing Counsel in rebuttal would submit that the forest guards patrolling near the plantation, saw a tractor along with trolley carrying stone boulders apprehending forest produce, the vehicle was intercepted. The driver of the tractor was identified as owner of the vehicle by the forest officials, consequently, a case was registered and seizure report was sent to the court of the Additional Chief Judicial Magistrate, Sonebhadra. The Chief Judicial Magistrate vide order dated 14 July 2014 directed the forest officials to release the vehicle. In revision the order of the Chief Judicial was reversed. The proceedings were initiated under Sec. 52A of the Indian Forest Act for confiscation of the vehicle, the Prescribed Authority, as well as, the Appellate Authority upon perusal of the material available on record passed the orders confiscating the vehicle along with the forest material. Sec. 68 would not be applicable.