STATE OF MAHARASHTRA Vs. NAIM EMMAMUDDIN CHIKHALEKAR

JUDGEMENT

(1.) BOTH these petitions arise out of the order passed by II Additional Sessions Judge (K. J. Paratwar), Thane by which the appeal filed by petitioner Naim Chikhalekar was allowed and order of the Authorized Officer (Conservator) Shahapur dated 3-1-1997 was quashed and the Truck bearing No. MA-04- C-3742 was allowed to be returned to petitioner Naim Chikhalekar on his execution of certain bond.

(2.) THE State filed writ petition against this judgment because almost all the findings of the Additional Sessions Judge were in favour of the State but the order of releasing the truck in favour of Naim Chikhalekar was passed on technicality i. e. non-compliance to Rule Sic section 52 (2) of the Forest Act. Where as Naim Chikhalekar, the owner of the truck, filed his petition challenging all the adverse findings of the Additional Sessions Judge.

(3.) I heard Mr. Gangal, the Counsel for the truck owner-Naim Chikhalekar and Mr. Singhal, the learned A. P. P. for the State in both the petitions.