FOREST RANGE OFFICER Vs. DURGA AUTO FINANCIERS

JUDGEMENT

(1.) THE second respondent is the owner of a vehicle bearing No. APD 3697. In the patrolling conducted by the Special Party, forest Department, Khammam, on 13. 12. 1991, the lorry was found to be loaded with teak timber. A case under Section 44 of the Andhra Pradesh Forest Act, 1967 (for short 'the Act') was registered and the proceedings were initiated before the authorised Officer, Khammam. Through his order, dated 14. 08. 1998, the Authorised officer directed confiscation of the lorry as well as the timber. Aggrieved thereby, the respondents filed C. M. A. No. 44 of 1998 in the Court of the District Judge, Khammam. The appeal was partly allowed, through judgment, dated 03. 01. 2001. It was ordered that half of the value of the seized lorry be confiscated. This writ petition is filed against the said order.

(2.) HEARD the learned Government Pleader for Forests and Sri Sai Ganagadhar chamarthy, the learned counsel for the respondents.

(3.) THE second respondent did not claim ownership of the timber which was found loaded in the lorry. It emerges that there did not exist valid permits for the timber. The authorised Officer directed confiscation of the seized timber as well as the lorry. The appeal was preferred in respect of confiscation of the vehicle alone. The lower appellate Court partly allowed the appeal and directed release of the lorry subject to confiscation of half of the value.