LALIT KUMAR ARYA Vs. STATE OF MP

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by order dated 26.06.2004 passed the Sub Divisional Officer (Forest) Tawdi District Betul whereby the jeep belonging to the petitioner had been directed to be confiscated for offence punishable under the provisions of the Indian Forest Act and the order dated 11.02.2005 passed by the Conservator of Forest in appeal affirming the said order as well as the order passed by the Second Additional Sessions Judge, Betul in Criminal Revision No. 35/05 dated 09.06.2005 dismissing the criminal revision filed by the petitioner against the aforesaid order.

(2.) IT is submitted by the learned counsel for the petitioner that the petitioner had no knowledge about the fact that the jeep No. CPZ 3822 belonging to the petitioner had been used by his cousin brothers namely, Anil Kumar Machiwar and Adip Kumar Machiwar for commission of the forest offence and in such circumstances, in view of the provisions of section 52 (5) of the Indian Forest Act, the vehicle of the petitioner be released and the impugned orders directing confiscation of the vehicle be quashed.

(3.) FROM a perusal of the record of the case and the impugned order it is clear that there is a concurrent finding of facts by all the three authorities against the petitioner in respect of the fact that the offence of cutting timber in protected forest area has been found to have been committed by the petitioner and to the effect the petitioner has failed to establish that the vehicle had been used by Anil Kumar and Adip Kumar, his cousin brothers without his knowledge.