DIVISIONAL FOREST OFFICER Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) W.P. No. 9630/81 : This Writ Petition is directed against an order passed by the learned Sessions Judge, Warangal, in Criminal Miscellaneous Petition No. 1087 of 1981, dated 3-12-1981. The facts relevant are the following :

(2.) The Forest authorities seized a lorry containing forest produce on 27-10-1981, on the road Gudur to Mahbubabad. It was produced before the authorized-officer contemplated by sub-section (2A) of Section 44 of the Andhra Pradesh Forest Act, 1967. While the matter was pending before the authorised-officer, the 2nd respondent herein approached the Addl. Sessions Judge. Warangal, for release of the lorry. That petition was rejected as not having been properly filed, whereupon the 2nd respondent approached the learned Sessions Judge by way of a revision, being Revision Case No. 43/1981. In that revision-petition he filed Crl. Miscellaneous Petition No. 1087/81 for release of the lorry. The lorry was, accordingly, released by the learned Sessions Judge.

(3.) The contention of the Writ petitioner viz., the Divisional Forest Officer, Warangal (South Division), is that the order of the learned Sessions Judge is without jurisdiction. His contention is that, the lorry and the forest produce were rot produced before a Magistrate, much less before the learned Sessions Judge, and that they were produced only before the authorised officer contemplated by sub-section (2-A) of section 44 of the Act. It is submitted that, in such a case, the learned Sessions Judge had no power in law to direct the release of the lorry or the forest produce.