RAM GOPAL Vs. TARA CHAND DUBEY

JUDGEMENT

(1.) CHALLENGING the order dated 4th April, 2013, passed by Special Judge (Atrocities), District Seoni in Criminal Revision No.101/2012 in a proceeding held under the Indian Forest Act, this application has been filed for quashing the proceedings and the order impugned pertaining to confiscation of vehicle.

(2.) APPLICANT is the owner of a Swaraj 735 Tractor bearing Chassis No.WWWTA 35605079691 and Engine No. 391350/SPAQQ7985. On 02.12.2011, the said vehicle was seized on account of illegal quarrying of sand by the Forest Department. Proceedings were held for confiscation of vehicle by the Forest Officer under provisions of Indian Forest Act, 1927 by a detailed order passed, as is evident from Annexure P -1, the Authorized Officer came to a conclusion that the vehicle is not proved to have been used for quarrying purpose or illegal activities, therefore, the proceedings for confiscation were dropped by the Authorized Officer.

(3.) AGAINST the order passed by the Authorized Officer rejecting the prayer for confiscation, respondent No.1, the Range Officer filed an appeal before the competent authority vide Annexure P -2. The applicant on being noticed appeared and filed a detailed objection before the Appellate Authority and pointed out that the appeal at the instance of respondent No.1 is not maintainable. Reply filed by the applicant before the Appellate Authority is Annexure P -4. However, as the objection with regard to maintainability of appeal was rejected by the appellate authority, the matter traveled in revision and the same having been dismissed by the impugned order Annexure P -6 dated 04.04.2013, this application has been filed under Section 482 of CrPC.