HARMIT SINGH BHATIA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner aggrieved by the orders passed (a) competent authority and Deputy Divisional Forest Officer, South Sagar Annexure P -9, (b) appellate authority -cum -Conservator of Forest, Sagar Circle Annexure P -10 and (c) the Sessions Judge, Sagar in Criminal Revision No. 218/2000, dated 15 -12 -2000 Annexure P -11 has preferred this petition for quashment of the aforesaid orders and for release of the truck seized and forfeited by the respondents under Section 14 of M.P. Tendu Patta (Vyapar Vinimay) Adhiniyam, 1964 (hereinafter referred as 'Act').

(2.) THE facts of this case are as under : - -

(3.) THE learned Counsel appearing for State has supported the orders passed by the authorities and contended that the driver without due verification of the transit pass, which was for a different route and was only for five bags had loaded the goods. The driver as an agent of the petitioner permitted transportation of illegal tendu leaves. The authority has rightly seized and forfeited the truck. Apart from this, the petitioner has not examined the driver as witness before the authority and the defence as set up by the petitioner has been rightly disbelieved by the authorities. Contending aforesaid the learned Counsel appearing for State, Miss. Anjali Banerjee submits that this petition is without merit and may be dismissed.