STATE OF MAHARASHTRA Vs. `NAGORAO

JUDGEMENT

(1.) Rule. Rule made returnable forthwith by consent. Heard both the sides for final hearing. Present proceeding is filed to challenge the order made by learned Sessions Judge, Nanded in Criminal Appeal No. 9 of 2011. The appeal was filed by Respondent against the order made by competent authority, appointed under Indian Forest Act. The competent authority had made the order of confiscation of jeep of the Respondent.

(2.) Record shows that the officers of forest department came across jeep No. MH-26-V-2079 when they were doing patrolling duty on 19th June, 2010 in the night time. The jeep was intercepted for inspection and the officers notices that there was teak wood (planks and beams) in the jeep. The size of this material was 0.2245 Cub. mtr. When the officers made inquiry with driver Dashrath Ratnaparkhe, they found that there was no pass issued by forest department with regard to this material. Another person Atul Chavan who was present in the jeep also could not produce the record required in this regard. He informed that the material was purchased by him from one Datta Sutar for the consideration of Rs. 6,500/- and Datta Sutar was expected to give the pass to him subsequently. As there was no pass of forest department, the material and the jeep were taken in custody under Panchanama by the officers of Forest Department. Crime was registered in respect of this incident.

(3.) During investigation of the aforesaid incident, the officers came to know that Datta Jalalpurkar had sold this material to Atul Chavan and this person admitted that there was such transaction. Datta Jalalpurkar could not produce any record of ownership or of forest department to show that the material was collected by him as per the procedure provided under the Act. Then, Datta Jalalpurkar (alias Sutar) admitted that four teak trees from Government Forest were cut by him and the material was some portion of the wood of the trees. The remaining portion was found in the house of Jalalpurkar alias Sutar. Panchanama of the spot from where the trees were cut was prepared. As the theft of the aforesaid material of Government was committed, after cutting teak trees from Government Forest, case was filed against these persons. Proceeding was also started under section 61 of Indian Forest Act, 1927 (Maharashtra Amendment).