STATE OF MAHARASHTRA Vs. VINAYAK DAGADU JADHAV

JUDGEMENT

(1.) THE petitioner - State of Maharashtra in this petition challenges the order dated 6th September, 1991 passed by the Additional Sessions Judge, Nandurbar in Criminal Appeal No. 9 of 1991 arising from the order dated 30th November, 1990 passed by the Assistant Conservator of Forest (hereinafter in brief referred to as A. C. F.), Dist. Dhule in Divisional Offence No. Toranmal C/57/90-91. The A. C. F. has passed the order under section 61-A (3) of Indian Forest Act, 1977 (hereinafter in brief referred to as the said Act) confiscating the vehicle involved in the matter herein belonging to the respondent and the Additional Sessions Judge has passed the order under section 61-D (1) of the said Act, reversing the said order of A. C. F.

(2.) FEW relevant facts : the Range Forest Officers, Toranmal intercepted one Canter being No. MCY-3930 which was passing along Dhakgaon road and proceeding towards Shahada in Dhule district. There were four inmates including Driver and Cleaner in the said Canter namely; 1. Salumodid Nasiruddin Shaikh, 2. Akiluddin Nasiruddin Shaikh, 3. Sunjay Kissan Kamble, 4. Sunil Ananda Nikam. Number 3 and 4 were respectively Driver and Cleaner thereof.

(3.) THE Range Forest Officers checked the said Canter and found containing Teak Square lumbers measuing 86 in number and 2. 785 cu. m. of the value of Rs. 27,850/- which was hidden under bananas in the said Canter. The Range Forest Officers under Panchanama seized the Teak wood as also the Canter as the teak wood was being carried illicitly, after felling it from the reserved forest.