PRABHUDAS KISHORDAS TOBACCO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners have filed the present writ petition for issue of writ of certiorari for quashing the order (Annexure- I) dt. 6-10-1990 passed by the Divisional Forest Officer, the order (Annexure-J) passed by the Conservator of Forest on 6-10-1990 and the order (Annexure-K) passed by the learned Sessions Judge on 4-4-1991 and also the seizure memo of truck No. CPQ-5990.

(2.) Petitioner No. 1 is a manufacturer of Bidi. Petitioner No. 2 Shri Munna Khan is the owner of the Truck No. CPQ-5990 and is a transporter. Tendu leave being forest produce, the State of Madhya Pradesh has framed Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964 (hereinafter referred to as the "Adhiniyam"). Similar Acts are enacted in other States. Petitioner submits that the operation of the Act is confined to the particular State concerned. Adhiniyam of Madhya Pradesh is a complete Code in itself. Section 5 put restriction on purchase or transport of tendu leaves except in the manner prescribed therein. Sections 14 to 16 prescribe for seizure of property liable to confiscation and proceeding therefor and for other matters thereunder including jurisdiction, penalty and confiscation. Section 20 prescribes that provisions of Indian Forest Act, 1927, not to apply to the tendu leaves for the purposes covered under the Act.

(3.) Divisional Forest Officer as per order (Annexure- I) dated 6-10-1990 ordered confiscation of the truck. An appeal was preferred before the Conservator of Forest, which stands dismissed as per order (Annexure-J) dated 11-3-1991. Revision preferred before the Sessions Judge stands dismissed as per order (Annexure-I) on 4-4-1991. Hence, the present writ petition has been filed before this Court.