FOREST RANGE OFFICER Vs. PRITAM SINGH

JUDGEMENT

(1.) This Writ Appeal arises out of the order of the learned Single Judge dismissing the Writ Petition at the stage of admission.

(2.) The facts in brief are :- On receiving some information, the Deputy Range Officer and the Assistant Commercial Tax Officer chased and found the lorry bearing No. A.A.T. 2175 at 4-30 A.M. on 21-10-78 at the Petrol Bunk of T.Nagaiah Chetty & Sons on the outskirts of Anantapur. It was found containing 820 Sandal wood billets and stems and 900 small roots and pieces in all numbering 1720 and 31 vegetable bags. The statement of the Driver of the lorry, Kama) Singh was recorded in the presence of Panchayatdars. The Driver stated that he loaded the lorry on 20-10-1978 at Bangalore with vegetables aad reached Madanapalle in the night at 1-30 A. M. and one Krishnappa, loaded the lorry with gunny bags containing the sandal wood billets. The Driver stated that the owner of the lorry Pritam Singh knows Krishnappa and the said Krishnappa loaded the lorry with the consent of the owner with Sandal wood. The value of the Sandal wood was estimated at Rs. 42,000/-. The vehicle and the forest produce were produced before the First Class Magistrate, Madanapalle on 23-10-1978. The 31 bags of vegetables were auctioned as they were perishable. A panchanama was prepared at Madanapalle-Bangalore road where the Sat.dal wood was loaded. The statements of three coolies Chintahamanu, Subbanna and Venkataramana were recorded. The coolies stated that Krisbnappa engaged them as coolies and they loaded the lorry with Sandal wood and received their wages. The coolies also gave statements before the Judicial First Class Magistrate.

(3.) The owner of the lorry filed a petition on 4-11-1978 under Section 44(2-C) of the Andhra Pradesh Forest Act, 1967 for return of the lorry stating that he has no knowledge and he had not connived with anyone in the transport of Sandal wood in his lorry.