STATE OF MAHARASHTRA Vs. KALAVATI HANUMANT MODAK

JUDGEMENT

(1.) ON receipt of the report from the range Forest Officer, Paud dated 11-12-1990 and from the Range Forest Officer, Bhamburda dated 17-12-1990 regarding commission of forest offence a detailed enquiry was held by the Authorised officer and the Asst. Conservator of Forest, Pune under section 61 (A) and (B) of the Indian Forest act. The Round Officer, Paud and Round Officer, kopara, Forest Guard Mutha and Forest Guard, bahuli while on night patrolling duty during the night between 30-11-1990 to 1-12-1990 on Mutha pune Road, intercepted a truck at about 5 a. m. on 1-2-1990. After enquiry with the four persons in the truck including the driver and after verification by the forest staff on the spot, it was found that 39 logs of teak without bearing hammer marks as required by law, were stacked in the truck. No transit pass was found in respect of the said teak pieces. Panchanama was drawn on the spot. As such it was clear that the transport of teak timber was being done without valid and proper transit pass in the vehicle being truck No. MHQ 2672. The said 39 teak timber pieces and the truck were seized. The Range Forest Officer, bhamburda was asked to inquire about the origin of the material and it was found that the said teak timber was fell in and brought from the Government forest of village Khudaje Taluka Haveli in charge of National Defence Academy, Khadakwasla. The range Forest Officer, Bhamburda after due enquiry drew panchanama and described the spot from where the said teak timber was illicitly fell and subsequently illicitly transported. The matter was reported to the Authorised Officer and Asst. Conservator of Forest, Pune and 39 logs of timber and the seized truck were produced as required under section 61a (ii) of the Indian Forest Act.

(2.) DURING the enquiry it was revealed that the truck in question belonged to Smt. Kalavati H. Modak, the registration certificate and tax certificate book along with the zerox copies of fitness certificate of Insurance Co. and the tax receipt were produced before the enquiry officer by the owner on 14-12-1990. A show cause notice as required under section 61 (B) (1) of the said Act was served on the owner as well as the driver and the offenders. Written statements were filed in reply to the said show cause notice by the four culprits as well as the driver and the owner. They were represented through the lawyer. Further opportunity to adduce any evidence or examine witnesses was given and after considering the same, the authorised officer held that the material clearly shows that the forest offence has been committed and the truck No. MHQ 2672 was transferring the teak timber without the hammer mark and without valid transit pass as required by law. He further held that it is proved that 39 teak pieces were from the Government Forest area of village Khudaje in charge National Defence academy, Khadakwasla. He therefore held that the seized timber which was loaded in the truck MHQ 2672 was being transported without valid transit pass and the timber was belonging to the government.

(3.) THE first offence report, panchanama and the written statement of the concerned offenders before the forest officer, proved that the truck mhq 2672 was illicitly transporting illicitly cut timber and therefore the truck was used in committing the said forest offence. The officer further observed that the trees were fell from the government forest, the driver of the truck Shri dhumal had taken the truck from Pune to Khudaje government Forest for carrying the timber. He was present at the site when the loading of illicit material was done. His defence that he was slept when the truck was being loaded, was found to be lame excuse to cover his connivance in the forest offence. The officer further held that he being an agent of the owner and the person in charge of the said vehicle, has failed to take all reasonable and necessary precautions against the illegal user of the vehicle in his charge in spite of his undertaking given to the owner that the truck in his charge would not be used for transporting any illegal and unauthorised goods. The officer further observed that after going through the written statements of Smt. Kalavati Hanumant modak, the owner of the truck, and the written statement of the driver as also other offenders, the officer has come to the conclusion that the forest offence was committed by illicitly transporting the illicitly cut teak timber from government forest of Khudaje in charge of National defence Academy, Khadakwasla and offenders Shri C. D. Deokar, S. D. Paigude, M. R. Paigude along with the driver S. D. Dhumal committed the said offence under section 41 of the Indian Forest Act. He held that the driver incharge of the said vehicle and acting as agent of the owner has failed to take all reasonable precautions against the use of the truck for illegal transport of illicitly cut teak timber. Ultimately by his order dated 5-1-1991 the said authorised officer passed order that the seized forest produce viz. 39 teak pieces be confiscated and they be sold in public auction. The seized vehicle i. e. truck bearing No. MHQ 2672 be also confiscated and was directed to be sold by public auction.