PUBLIC PROSECUTOR Vs. SURYARAO

JUDGEMENT

(1.) This petition seeks to revise the order of the Additional Sessions Judge, Rajan munary dated 6th March, 1964 made in Crl. Mis. Petition No. 45 of 1964-, whereby he has set aside the order of the Sub Magistrate, Rampachodavaram in C C No. 1 of 1964 and directed him to hold an enquiry in regard to his order of confiscation of lorry.

(2.) It appears that three persons were prosecuted under S. 21 (e) and (f) of the MadrasForest Act (Act V of 1882, hereinafter called the Act) for transporting fire-word worth about Rs. 100/- in a lorry bearing No A.P.P. 2930 on 5-12-1963 They were found guilty and sentenced to pay a fine of Rs, 50 and also to suffer two weeks simple imprisonment on their admission. The learned Magistrate while passing the order confiscated the vehicle as per the requirement of section 43 of the Act, Thereupon, the respondent herein Devarapalli Suryarao tiled an application under section 520 Cr. P.C before the Sessions Judge. East Godavari Division claiming that he was the owner of the lorry in question and that he had hired it to one Putrayya on a rental basis in the course of his business. He was not aware of the fact that it has been used for transporting fire-wood in contravention of the provisions of the Forest Act and therefore requested that the lorry may be released in his favour.

(3.) This petition was opposed by the Public Prosecutor. The learned Sessions Judge, on a consideration of the various sections of the Forest Act came to the conclusion that the Magistrate has not strictly adhered to the provisions of the Act and therefore, it was necessary to ascertain the ownership of the lorry and to pass an appropriate order thereafter. In that view, he set aside the order of confiscation and remitted the case to the lower court for an enquiry by the Magistrate, It is against this order that the revision has been filed. The learned Public Prosecutor contends that according to the amended section 43 of the Act the Magistrate was bound to confiscate the lorry and as such the Sessions Judge was not justified in setting aside the order and directing any inquiry. Sec. 43 of the Act as amended reads thus: