STATE OF M. P. Vs. SARJOO PRASAD

JUDGEMENT

(1.) This writ appeal is directed against order dtd. 29/11/2005,2006(2) MPLJ 65. (Annexure-A-1) passed by the learned Single Judge in Writ Petition No. 848 of 1996 whereby, petition filed by the respondent has been allowed setting aside the order of confiscation of the vehicle of the respondent.

(2.) The facts of the case are that the respondent is the owner of tractor trolley No. MPQ 3009. On 19/1/1995, the said tractor and trolley was seized by the forest authorities. At the time of seizure, the tractor was being driven by driver Ashok Kumar. Forest Offence No.11375/25 dtd. 19/1/1995 was registered. On 23/1/1995, the respondent was served with a show cause notice under Sec. 52 (4) of the Indian Forest Act 1927 (hereinafter referred to as the 'Act of 1927') stating therein that 57 ballies, 7 Bamboos and two bundles of fire wood were seized from the tractor in question. The respondent was called upon to show cause as to why action should not be taken for confiscation there to. The respondent filed his reply explaining that few villagers requested the driver to help them in carrying the aforesaid articles for their own use. The driver bonafide carried those articles. The respondent produced witnesses to substantiate his stand. However, no witnesses were produced by the Forest Department. On 14/3/1995, the Sub Divisional Officer (Forest) passed an order of confiscation of the vehicle in question. The respondent preferred an appeal before the appellate authority, which was also dismissed vide order dtd. 21/7/1995. Therefore, the respondent filed Criminal Revision No.120 of 1995 before Additional Sessions Judge, Jabalpur who vide order dtd. 26/12/1995, dismissed the revision and, therefore, respondent preferred the petition before this Court.

(3.) The learned Single Judge vide impugned order allowed writ petition and set aside order dtd. 14/3/1995 passed by the Sub Divisional Officer, order dtd. 21/7/1995 passed by the appellate Authority and order dtd. 26/12/1995 passed by the IIIrd Additional Sessions Judge, Jabalpur. The State Government is, therefore, in this intra Court appeal challenging the order passed by the learned Single Judge.