VINJAY SAPRE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition under Article 226/227 of the Constitution of India, the petitioner is seeking the following reliefs:-

(2.) ALTHOUGH quashment of the impugned order dated 5.10.2002 (Annexure-P/4) passed by the competent authority, order dated 14.01.2003 (Annexure-P/5) passed by the appellate authority and order dated 14.04.2003 (Annexure-P/6) passed by the revisional authority has been sought by the petitioner but learned counsel for petitioner submits that no confiscation can be made unless and until criminal proceedings are pending under Section 25 of the Indian Forest Act, 1927 (in short "Act of 1927"). Several decisions are also relied on this point.

(3.) IN this view of the matter, this petition succeeds and is hereby allowed. The impugned order dated 5.10.2002 (Annexure- P/4) passed by the competent authority, order dated 14.01.2003 (Annexure-P/5) passed by the appellate authority and order dated 14.04.2003 (Annexure-P/6) passed by the revisional authority are quashed and it is hereby held that only after criminal trial is over and petitioner is convicted, necessary orders of confiscation may be passed. The tractor with trolley bearing registration No.MP15-F-3874 which has been seized by the respondents be released on supurdgi to petitioner on his furnish adequate security of Rs.2,00,000/- (Rupees Two Lac).