SUGHAR SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) THE petitioners have filed this application under Section 482 of Cr.P.C. to invoke the inherent jurisdiction of this Court, aggrieved by the order dated 11.4.2011 passed by 3rd Additional Sessions Judge, Gwalior, in Criminal Revision No. 239/10 whereby the revisional Court rejected the revision filed by the petitioners and maintained the order of the appellate authority and Conservator of Forest Circle, Gwalior, dated 31.03.2010. The appellate authority has held that the questioned vehicle tractor -trolley bearing No. M.P.06/J.A -5516 owned by the petitioner Sudhar Singh was seized in Forest Crime No. 8880/07 for it was found to transport 30 logs of Seesam wood without any valid licence. On 20.5.2007, the vehicle was being driven by Bunti, the son of the petitioner. The appellate authority held that offence under Section 52(4)(b) of Indian Forest Act, 1927 is made out. Therefore, the seizure of Forest produce timber and vehicle seized is liable to be confiscated and the same cannot be delivered to the petitioner.

(2.) THE appellate authority passed that order when the appeal was filed challenging the order of the competent authority, Forest Circle, Morena.

(3.) THE petitioners have challenged the impugned order of the learned Third Additional Sessions Judge, Gwalior, on the ground that in the seizure memo and POR, there is no mention of Seesam wood. The wood has not been examined and proved to be Seesam wood. There is also violation of the direction given in K.R. Pushpan Vs. State of Kerala, 1985 AIR(Ker) 184 in which it has been held that when the forest produce is valued less, tractor and trolley cannot be confiscated. The petitioner also relied on State of M.P. Vs. Madhukar Rao, 2008 1 MPJR 189.