RAJIV CHOURASIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant has moved the present petition under Section 482 of Cr.P.C. against the order dated 27.10.2005 passed by the learned Additional Sessions Judge and Special Judge under SC/ST (Prevention of Atrocities) Act, Chhatarpur in Criminal Revision No.149/05, whereby the revision filed by the applicant was dismissed.

(2.) THE facts of the case, in short are that, on 3.4.2004 at the forest check-post Matguwa, District Chhatarpur the applicant was found plying a jeep No. MP 16-B/2943. The applicant was driver as well as the owner of the said vehicle. In the vehicle, some teak woods were loaded and no transit pass could be shown by the applicant. Thereafter, a case was registered against the applicant and confiscation proceedings were initiated against him. The Confiscation Authority vide order dated 7.6.2004 directed to confiscate the vehicle. In the appeal No.VII-72/11, the learned Appellate Authority vide order dated 9.6.2005 dismissed the appeal. Thereafter, the applicant preferred a criminal revision, which was also dismissed by the learned Additional Sessions Judge/Special Judge, Chhatarpur vide order dated 27.10.2005.

(3.) LEARNED counsel for the applicant has raised a single objection that the vehicle was seized by the forest guard, who was not an authorized person under Section 15 of the M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 [hereinafter referred as 'the Adhiniyam'] and therefore when seizure was not according to the law, no confiscation proceeding could not initiated. The learned counsel for the applicant has placed the reliance upon the order passed by the Single Bench of this Court in the Case of "Ramlal Vs. State of M.P." [2003(4) M.P.H.T. 354] and therefore, it is prayed that the vehicle may be released.