SHAIKH SAID SHAIKH HUSSAIN Vs. A D CHAUDHARY

JUDGEMENT

(1.) This writ petition is filed by the petitioner against the judgement dated 11th August, 1986, passed by the Addl. Session Judge, Dhule, in appeal filed under section 61-D of the Indian Forest Act, 1927, confirming the order of confiscation of the truck by the authorised officer.

(2.) A truck bearing No. MWD 7951 belonging to the present petitioner was intercepted on 26th May, 1986 on Bombay-Agra road near Dhule by the Flying Squard of the Forest Department. On the search of the truck, 93 pieces of teak wood were found loaded therein without there being a pass or permit. Therefore, the wood as well as truck were seized and an offence was also registered. After issuing the necessary show cause notice and giving an opportunity to him of being heard, the authorised officer passed an order of confiscation of the truck. It came to be challenged before the Additional Sessions Judge, Dhule, in appeal. The Additional Sessions Judge confirmed the finding of fact recorded by the authorised officer dismissed the appeal. As already observed, it is against this appellate order, present writ petition is filed.

(3.) Shri Mohite learned Counsel appearing for the petitioner, contended before us that the provisions of section 61-A to 61-G of the Indian Forest (Maharashtra Amendment) Act, 1984 are ultra vires of Article of the Constitution of India, being wholly unreasonable and arbitrary. He also contended that even on merits the orders passed by the authorised below are illegal.