KANTILAN PREMJIT PATEL Vs. RANGE FOREST OFFICER

JUDGEMENT

(1.) The petitioner has been running a Saw Mill under the name and style of "Sharda Timber Mart" at Yawat, Tal., Daund, Dist. Pune. On 19th March, 1984 the Mobile Squad, Forest Department visited the Saw Mill. The petitioner was then present in the Mill. The squad found in the said Saw Mill 16 logs of teak wood without any marking of forest authority. They also found that they were recently cut. They noticed that truck bearing No. MTS 6429 was being unloaded in the closed compound of the Saw Mill. As the logs appeared to have been recently cut, they suspected some foul play. The panchas were summoned by the Range Forest Officer, who was in charge of the mobile squad. A panchanama was drawn up. A statement of the petitioner was then recorded. The petitioner stated that the Saw Mill was being run by him along with other partners since two years prior to that date, without any licence. The Range Forest Officer seized the truck and also seized the said wood. He also sealed the machinery of the Saw Mill as he had reason to believe that an offence in respect of the forest produce was being committed. The said saw Mill was also being run without a licence.

(2.) The petitioner, therefore, approached the Judicial Magistrate, F.C., Pune, with an application requesting the removal of the said seal. The learned Magistrate by his order dated July 3, 1984 allowed the application of the petitioner and directed the forest authority to remove the seal.

(3.) The aforesaid order of the learned Magistrate was challenged in the revision in the Court of the Sessions Judge, Pune. An interim relief against the order of the learned Magistrate was granted and the order was stayed. The learned Sessions Judge allowed the revision application and set aside the order of unsealing passed by the learned Magistrate.