GHATGE PATIL TRANSPORT LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. By consent, the rule made returnable forthwith. Smt.Pai, the learned APP waives service for the Respondents.

(2.) By the present petition, the petitioners are challenging the constitutional validity of Sections 52 and 52(1-A) of the Indian Forest Act, 1927, as applicable to the State of Maharashtra, hereinafter called as "the said Act", being violative of Article 19(1)(g) and Section 300A of the Constitutional of India as also seeking to quash and set aside the Order dated 19th December, 2005 passed by the Range Forest Officer, Wild Life, Kolhapur in Case No.Crime/1591/2005-06 Kolhapur, the Order dated 31st October, 2006 passed by the Judicial Magistrate, First Class, Shirala, in Criminal Complaint No.183 of 2006 below Exhibit-72, and the Order dated 8th May, 2007 passed by the Additional Sessions Judge, Islampur, in Criminal Revision Petition No.46 of 2006 and pray further for direction to the respondents for release of their vehicle bearing No.MH-09-Q/7246, hereinafter called as "the said Vehicle".

(3.) The petitioner company is engaged in the business of transportation of goods and is having its office at Kolhapur, and has several branch offices at various places. The said vehicle belongs to the petitioner and has all India permit for transport. On 29th August, 2005, the said vehicle was found transporting forest produce and therefore was seized by the officers of the respondents under the provisions of the said Act, as well as the provisions of the Wild Life ( Protection ) Act, 1972, hereinafter called as "the Wild Life Act". The forest produce involved in the matter are chips of shrubs known as "Mappia Foetida" which is popularly known as "Narkya Shrub" as well as "Amruta" and the same are used for preparation of medicines.