ANKUSH PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. has been filed against order dtd. 4/12/2023 passed by Third Additional Sessions Judge, Shahdol in Criminal Revision No.37/2023 arising out of order passed by Appellate Officer-cum-Chief Conservator of Forest, Circle Shahdol in Case No.6/2023 by which appeal filed by applicants against confiscation of their vehicle was dismissed.

(2.) It is the case of applicants that tractor and trolley of applicants were seized on the allegations that sand was being transported in an illegal manner and the Driver of the tractor was not having relevant documents and accordingly, POR No.10610/2007 was registered against the accused for offence under Ss. 2(4)(b), 33(1)(b) & 52 of Indian Forest Act.

(3.) It is submitted by counsel for applicants that applicants were not aware of the illegal activities of the Driver. The applicants in response to show cause notice had also submitted that they are ready to deposit the cost of compensation for the damages caused by their Driver to forest area and without appreciating the defence of applicants as well as readiness and willingness expressed by applicants to compensate the loss caused to forest area, tractor was confiscated by the prescribed authority. The appeal filed by applicants was also dismissed by Appellate Authority by order dtd. 4/7/2023 passed in Case No.6/2023 and the revision filed by applicants has also been dismissed by order dtd. 4/12/2023 passed by Third Additional Sessions Judge, Shahdol in Criminal Revision No.37/2023. It is submitted by counsel for applicants that State Government had formulated a policy that after depositing penalty the vehicle can be released and applicants are ready to deposit the amount.