HAJI BEGUM Vs. STATE OF A P

JUDGEMENT

(1.) The Forest Range Officer, Hyderabad South on November 11, 1977 near Police Station, Hussaini Alam intercepted A.P.Y. 5289 (the vehicle) and found the vehicle carrying 460 Kgs. of sandalwood billets without the 'authorised marks'and 'permit' under the Andhra Pradesh Sandalwood and Red Sandalwood Transport Rules, 1969. The vehicle and the billets were seized under a panchanama. Md. Yousuf, who was at the wheel, was arrested. He is averred to have confessed the offence of having transported the billets from Shimoga of Karnataka State for delivery to Sri Md. Ibrahim of Chandulal Baradari. The Range Officer thereafter produced the forest produce and the vehicle before the Divisional Forest Officer, Hyderabad and lodged a report before the Second Metropolitan Magistrate, Hyderabad of the seizure of forest produce and the vehicle, the arrest of Md. Yousef and his judicial custody for fifteen days was sought. A bailable warrant was prayed for the arrest of the absconding owner of the bllfets. Before the Magistrate Smt. Haji Begum claimed she is the owner and pending the trial sought delivery of the vehicle. Her request was not opposed by the Assistant Public Prosecutor. The Court there upon ordered delivery of A.P.Y. 5289 to the owner and imposed condi. tions (per order on November 19, 1977 in Crl.M.P.No. 2166 of 1977) on Haji Begum to execute a bond for Rs. 10,000/- with a surety for 'ikesum. The Registration certificate of the vehicle was ordered to be deposited in the Court. The vehicle was directed to be produced on every adjourned hearing of the enquiry and no transfer of the vehicle was to be made; colour" and parts of the vehicle meanwhile were ordered not to be "chanced".

(2.) The order of the Second Metropolitan Magistrate was assailed in a petition (W.P.No. 5540 of 1977) under Article 226 of the Constitution of India by the Forest Range Officer in this Court. Haji Begum was the first respondent and the Second Metropolitan Magistrate was impleaded the second respondent in the writ petition. The ratio in the case of State of A.P. vs. P.K. Mahammad (1) 1978 (1) A.P.L J. 391 was followed ard on 23rd January, 1978, the writ petition was allowed. The Second Metropolitan Magistrate was declared "to have no jurisdiction to direct the release of the lorry (the vehicle'). The correctness of the view in the writ petition is assailed in appeal by the owner of the vehicle.

(3.) The Andhra Pradesh Forest Act I of 1967 (the Act) was amended by Act XVII of 1976, with effect from December, 17,1976. The Forest Act thus amended contain provisions for arrest of male factors, confiscation of forest produce and "tools" used in the offence to include vehicles. Special provisions are incorporated for trial of offenders before the criminal court and minimum punishment is prescribed under the Act and Rules. Section 44 by the amending Act was radically altered by the Act XVII of 1976. Section 45 was substituted, Section 50 was renumbered adding clause one to the section. Section 58-A inserted as not to have barred imposition of penalty under section 58 of the Act in addition to the confiscation of forest produce.