KESHAV PRASAD GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) Shri Sushil Kumar Tiwari, learned counsel for the petitioner. Shri Sanjeev Kumar Singh, learned Panel Lawyer for the State. Challenging the order dated 7-5-2010 passed by the learned Additional Judge to the Court of Distt. Judge Shahdol and the order dated 3-5-2007 Annexure P-5 passed by the Appellate Authority in the matter of confiscation of vehicle of the petitioner, this writ petition has been filed.

(2.) Petitioner is the owner of Tempo Trax Cruser (Cruser Jeep) and it is alleged that the vehicle was used on 11-9-2003 in the night at about 3 A.M. in Circle Manjholi for committing certain forest offences and, therefore, the vehicle has been confiscated and after the revision having been dismissed, petitioner has filed this writ petition.

(3.) Shri Sushil Tiwari took me through the order Annexure P-1 passed by the competent authority and the findings recorded therein to show that as use of the vehicle for committing the offence is not established and involvement of the owner of the vehicle is not found to be proved, it is pointed out that the competent authority exonerated the petitioner and released the vehicle and the forest produce which was seized but on an appeal being filed, the Appellate Authority having interfered and decided the appeal in favour of the department vide Annexure P-5, a revision was filed and the revision having been dismissed, petitioner is before this Court.