JAIDAYAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this revision the applicants challenge the appellate order passed u/S. 454, Cr.P.C for disposal of property.

(2.) The applicants were alleged to have illegally purchased on 17-6-1982 sal seeds weighing 78quintals, 10 Kgs. in 94 bags and also transporting them without permit in village Sargarh, P.S. Jaitpur, District Shahdol. After trial. the applicants were acquitted of the offence under S.27(g) of the Forest Act, 1927. The learned Magistrate directed the return of Sal Seeds to the applicants. The Forest Department took appeal against order about disposal of property to Sessions Judge, Shahdol. In appeal the learned Sessions Judge directed confiscation of Sal Seeds in favour of the State Government. Aggrieved by that order, the present revision has been filed.

(3.) A perusal of the appellate order of the learned Sessions Judge will show that it was based on the premise that Sal Seeds are "specified forest produce" by virtue of notification issued under the provisions of M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969. Holding that the provisions of the said Adhiniyam were applicable, the learned Sessions Judge hold that purchase of Sal Seeds by the applicants or even transportation thereof without permit was illegal. Accordingly he directed confiscation of the seized Sal Seeds.