RAM SEWAK Vs. STATE OF M.P

JUDGEMENT

(1.) THIS petition under Article 227 assails the order passed by the Court of sessions by rejecting the Criminal Revision 381/2007 preferred u/S. 52 -B of the Indian Forest Act, 1927 (For brevity Act of 1927) affirming the appellate order passed u/S 52 -A of the Act of 1927 by the Conservator of forest Gwalior Circle upholding the order of confiscation of the Truck No. MBN -958 for being involved in Forest Offence No. 208/2007.

(2.) LEARNED counsel for rival parties are heard.

(3.) THE facts in brief are that the above said vehicle was seized by the forest authorities in the night intervening 25.3.2004 and 26.3. 2004 by the flying squad. The vehicle was being used to extract flag stones from the reserved forest Beat Jakhoda Ke Barki Banjari No. 492. The driver of the vehicle could not justify the presence of the vehicle and extraction of flag stones by any legitimate document. Accordingly, the vehicle was seized and the proceedings for confiscation was initiated u/S. 52 of the Act of 1927. The confiscating authority recorded the statement of three prosecution witnesses namely Fiyaz Khan (Vanpal), Mohan Kumar Shrivastava and Deepak Verma. On the other hand, the defence produced four witnesses namely, Ramsewak Goswami, Prem Narayan, Rajendra and Girraj.