ALKABAI CHUNILAL DUSANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition is filed praying for quashing and setting aside the order passed by the Sub Divisional Forest Officer, Shahada, Dhule district dated 29th June 1995 and the order passed by the Conservator of Forest dated 16th September 1995 confiscating the Tractor and Trolley, as well as to quash and set aside the order passed by the Additional Sessions Judge at Nandurbar dated 4.4.1996 in Criminal Appeal No. 52 of 1995.

(2.) The facts, as disclosed in the petition, are as under:

(3.) It is the case of the petitioners that prior to 28th March 1995 and on 28th March 1995 also the tractor and trolley were hired by the Pravin Majoor Society Ltd. Anjanbhir Tq. Shindkheda for the purpose of carrying the drums containing water and material, etc. in the trolley for the construction of the road between village Genda to Bilgaon Tq. Dhadgaon. It is the case of the petitioners that both of them are residing at Dhadgaon. On 28th March 1995 both the petitioners were at Dhadgaon and the driver of the tractor along with tractor was working at the site of the road. The said tractor and the trolley have been seized by the Forest Officer on 28th March 1995. It is alleged that in the said tractor 39 wooden logs were being taken. It is also alleged that the said wood was illegally cut from the forest. The tractor, trolley and the wooden logs were seized. It was further alleged that the driver, employed by the petitioners, namely, Raghunath Mali was driving the tractor at the relevant time. The said tractor along with wooden logs was brought to Dhadgaon and the panchanama was drawn at Dhadgaon on 29th March 1995.