STATE OF MAHARASHTRA Vs. TARANJEET KAUR

JUDGEMENT

(1.) :- By this criminal writ petition, the State of Maharashtra, the Conservator of Forest and the Assistant Conservator of Forest have jointly challenged the judicial order dated 25-1-1990 passed by the Additional Sessions Judge, Akola in an appeal under S. 61 D of the Forest Act (the Act) releasing on supratnama motor vehicle confiscated under S. 61-A of the Act.

(2.) THE basic factual background is this: The Maruti car being registration No. MTV 2974 was carrying teak wood from Patur to Akola. There was an unsuccessful attempt by the police officers to intercept the vehicle on the way. The vehicle was, therefore, chased and forced to stop. 89 pieces of cut teak wood unauthorisedly cut Government forest produce - were found inside the vehicle which was being driven by the regularly employed driver of the owner of the vehicle the respondent. The driver stated that he merely obeyed the order of his master. A show-cause notice under S. 61-B of the Act was issued to the driver as well as the owner as to why the vehicle should not be confiscated under S. 61-A. The driver did not give any additional statement. The respondent stated that she had instructed the driver to take the car to Patur for carrying a patient from Main Hospital, Akola, and that she had no knowledge of what the driver did.

(3.) THE Assistant Conservator of Forest (petitioner No. 3) after making enquiry ordered confiscation of the vehicle. Aggrieved by the said order of confiscation, revision before the Conservator of Forest (petitioner No. 2) was preferred by the respondent under S. 61-C of the Act, but without any success. Thereafter, an appeal under S. 61-D was filed before the Sessions Judge, which is still pending. In that appeal, the respondent filed an application for releasing the vehicle on her supratnama, which has been allowed and the said order is challenged in the petition inter alia on the ground of want of jurisdiction to pass such order in view of S. 61-C of the Act.