(1.) THIS petition is filed by the State against the order of the learned Additional Sessions Judge. Nasik passed in Criminal Appeal No. 20 of 1990 on 3. 0-6-1990. The appeal was filed against the order of confiscation passed by the Assistant Conservator of Forest. (East ). Forest Division, Nasik confiscating Maruti Van No. MZV 5795.
(2.) THE aforesaid Maruti Van was found carrying Tigers skin worth Rs. 45,000/- illegally and under the provisions of Indian Forest Act vehicle was intercepted on 10-7-1989 by the Police Officer on Nagpur-Bombay High way near Wadar Bhoi. 4 persons were found occupying the van. They were arrested and later on released on bail by the learned Magistrate when they were produced before the Magistrate. The Police Officers intimated the Forest Officers about the same and thereafter during the interrogation of the accused it was revealed that van belongs to the respondent and therefore, a show cause notice was issued under Section 61 (B) to the respondent. After considering the reply given by the respondent that said van was given by him on 10-7-1989 to his friend and that he was unaware that it was carrying tigers skin the Assistant Conservator of Forest confiscated the van under Section 61-A of the Indian Forest Act. This order was challenged in appeal before the learned Additional Sessions Judge, Nasik. The learned Sessions Judge directed the return of said vehicle to the respondent on furnishing solvent security of Rs. 75. 000/- to the satisfaction of the Magistrate and also on giving an undertaking that he will produce the said vehicle as and when directed by the Court during the course of trial.
(3.) IN this Court the respondent did not appear even though he was served. I have heard the argument of the learned Additional Public Prosecutor Mr. Thakur. Mr. Thakur brought to my notice the provisions of Sections 61-A to 61-G of the Indian Forest Act, and contended that although appeal is provided for under Section 61-D against the order of confiscation passed under Section 61-A or 61-C. the learned additional Sessions Judge did not properly appreciate the provisions of Section 55 of Indian Forest Act as amended. Section 55 sub-section (1) is as follows: