KESHARSINGH Vs. STATE OF M P

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution.

(2.) The material facts giving rise to this petition are as follows: The petitioner is engaged in the business of running a saw mill at Khargone. On 26-11-1982 the saw mill of the petitioner was checked by the officers of the forest department. The Saw machine and the timber found therein were seized on the ground that the petitioner by running the saw mill was violating the provisions of Rule 27 of the M. P. Transit (Forest Produce) Rules, 1961 framed in exercise of powers conferred under Sections 41, 42 and 76 of the Indian Forest Act (for short 'the Central Act') and the provisions of Section 11 of the M. P. Van Upaj (Vyapar Viniyaman) Adhiniyam 1969 (for short 'the State Act') and Rule 7 of the M. P. Van Upaj (Vyapar Viniyaman) Kashta Niyam 1973. The saw machine was then sealed by the checking party. It is said that the petitioner admitted the offence and. proposed composition thereof which was accepted by the respondent No. 3 and a penalty of Rs. 500/- was imposed which was paid by the petitioner. The respondent No. 3 then served a notice on the petitioner on 1-12-1982 informing the petitioner that the value of the saw machine was estimated by him at Rs. 25,000/- and to show cause why the petitioner be not required to pay the said sum of Rs. 25,000/- for the release of the saw machine. The petitioner showed cause.

(3.) The respondent No. 3 after considering the explanation of the petitioner passed an order on 27-12-1982 (Ann. 'C') the operative part of which may be translated as follows :