KRISHNADAS SHANKARRON ABHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Advocates for the parties. Perused record. Rule. By consent, the rule made returnable forthwith.

(2.) THE petitioner challenges the orders passed by the authorities below under provisions of Indian Forest Act, 1927 (hereinafter called as the said act) on two grounds, firstly that the authorities below could not have relied upon the statements recorded by the various officers in the absence of specific powers being given to them under section 72 of the said Act and secondly the authorities below could not have disposed of the matter without giving proper opportunity of being heard in the matter to the petitioner.

(3.) THE facts in brief relevant for the decision are that the petitioner is the owner of Trax Jeep bearing No. MH 34 5529. A show cause notice came to be served upon the petitioner in December, 2001 alleging that the said jeep was utilized for illegal transportation of timber. After the show cause notice was replied to be the petitioner the Assistant Conservator of Forest by its order dated 10-4-2002 directed confiscation and sale of the vehicle in question and therefore, the petitioner filed appeal under section 61 (D) before the Sessions judge, Chandrapur. However, the learned Sessions Judge, Chandrapur by order dated 17-7-2002 dismissed the said appeal. Hence the present petition.