STATE OF MADHYA PRADESH Vs. RAM PRATAP

JUDGEMENT

(1.) THIS is an application by the State Government under Article 134 (1) (c) of the Constitution for the grant of a certificate of fitness for appeal to the Supreme Court against the order of this Court dated 23-1-1974 in Criminal Revision No. 721 of 1973. A similar application has been filed by the State Government for the grant of a certificate of fitness for appeal to the Supreme Court against the order of this Court dated 23-1-1974 in Criminal Revision No. 720 of 1973 which has been registered as miscellaneous Criminal Case No. 61 of 1974. Both these cases have been heard together and the order in this case will govern both.

(2.) NON-APPLICANTS 1 to 3 in this case and non-applicant No. 1 in the connected case are forest contractors. They took on lease forest ranges of the North Forest Division of Surguja District for collection of Sal seeds. The South Forest Division was given to the Madhva Pradesh State Tribal Co-operative Development Federation Ltd. (hereinafter called 'the Federation' ). The Managing Director of the Federation made a report to the Superintendent of Police, Surguja, that the forest contractors of the North Forest Division had collected Sal seeds from the South Forest Division. This led to investigation by the Forest Officers as well as by the Police. The Forest Officers, after verification from the Barrier Registers and Transit Passes, found that there was some excess collection. The unaccounted quantities worked out to be 19515 quintals in (the case of non-applicant Ramblers, 923 quintals in the case of non-applicant Ramawtar, 17161 quintals in the case of non-applicant Rampratap and 940 quintals in the case of non-applicant Radheshyam. The Chief Conservator of Forests, therefore, directed that the 6tock of Sal seeds of the contractors, which could be accounted for on the basis of checking, should be released for sale by the contractors and for the balance the contractors should be called upon to give a bank guarantee at the rate of Rs. 4 per bag. The unaccounted for stock was to be released only on the contractors furnishing bank guarantee.

(3.) BEFORE the aforesaid order of the Chief Conservator of Forests could be implemented, the police intervened and seized the entire stock of the contractors and sealed the godowns. Thereafter, the police reported to the Magistrate, First Class, Surguja, about the seizure on the ground that the goods were suspected to be connected with offences under Sections 379, 411, and 468 of the Indian Penal Code and Sections 41 and 26 of the Forest Act. The contractors thereupon, approached the Magistrate for delivery of the Sal seeds to them as they were perishable goods. The Magistrate passed an order under Section 523 of the Code of Criminal Procedure directing disposal of the Sal seeds by public auction. Being aggrieved thereby, the contractors filed revision petitions in the Court of Session which were dismissed. Thereafter, they came up in revision before this Court. This Court set aside the order of the Magistrate and directed the contractors to furnish bank guarantee and security in various sums as indicated in the order in question. It further directed that on bank guarantee and security being furnished the entire stock be released to the Contractors. The State Government now wants to file appeal against this order before the Supreme Court.