NAMDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard by the consent of the learned Counsel appearing for the respective parties.

(2.) By this petition, the petitioner prays for quashing and setting aside the order dated 19 th June 2010 passed by the Additional Sessions Judge, Wardha in Criminal Appeal No. 82 of 2007 and the order dated 27/08/2007 passed by the Deputy Conservator of Forest, District Wardha in Enquiry No. 50 of 2004 whereby the seized property wood in FIR No. 105/8, dated 19/11/2004 i.e. material - 83 in number, admeasuring 2.310 Q.mts. and 882 pieces admeasuring 19.649 Q.Mts. of Survey No. 70, Mouza Garamsur was attached / confiscated to the Government.

(3.) The facts, briefly stated, are as under : On or about 24/02/2000, Shri Shankar Saduji Dhandale resident of Garamsur/owner of land Survey No. 70 at Garamsur had applied to Range Forest Officer and sought permission to cut 860 teak wood trees from his survey No. 70 of Mouza Garamsur. He had got the field measured from TILR, Seloo town. Shri B.B. Kalbande,3 the Tree officer published "Jahirnama" on 20/11/2002 and gave permission to cut 840 teak trees on 21/06/2004. The Petitioner was given Power of attorney to cut the trees. The Petitioner gave a complaint on 17/05/2005 that the wood cut down from Khasra was burnt out and he annexed a list of residual material along with the firewood and requested the Range Forest officer to dispose of the case stating that the residual material was 1140 teak wood and Q.meter 25.383 and Firewood stock was 2x1x1= 6.12 Q. Mts. Earlier, Shri Shankar Dhandale had, on 13/08/1991, entered into Contract/Agreement with Ramesh Krishnaji Ghangare R/o. Ghorad about the standing trees in Khasra No.70 and also gave an affidavit for trees transportation and had requested for the transit pass. He had also complained against the Petitioner alleging that he had obtained signatures on the blank papers as also requested the R.F.O. to restrain the Petitioner to cut the trees. On 19/11/2004, the Bit guard Shri Valke inspected Survey no. 70 in protected area No. 221 and found that 44 trees were illegally cut down from the Government Forest. The Bit guard had made Panchnama in presence of the Panch and prepared Seizure Memo. FIR No. 105/8 was lodged on 19/11/2004. Shri Panmode R.F.O. made inquiry and submitted the report. It was found that illegal cutting of trees was done from the protected area of the forest attracting section 61 of the Indian Forest4 Act as the Petitioner under the garb of the permission from the tree officer illegally cut the other trees in the protected forest area.