OM PRAKASH AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FIRST petitioner is the owner of a truck of which second petitioner is the driver. According to them, one Kanwal Singh cut the trees in his land as per licence issued by the competent authority and entrusted them to first petitioner for being transported to Raipur as firewood. Firewood was transported on several occasions as per transit passes issued by the competent authority. In the midnight intervening 27th and 28th of December, 1983, the truck with firewood stopped at Urdana Forest Check Post. The Forest Officers believed that the date found in the transit pass was manipulated by overwriting. Suspecting commission of a forest offence, the truck and the contents were seized. First petitioner and the department compounded the offence for a total amount of Rs. 700/ -. Thereafter, second respondent, Divisional Forest Officer, passed an order confiscating the truck, giving an opportunity to the first petitioner to pay Rs. 70,000/- and take back the truck. This order has been challenged in the writ petition.

(2.) BY virtue of an interim order passed by this Court, the truck has been released to the first petitioner on his executing a bond for Rs. 50,000/ -.

(3.) AN Authorised Officer could exercise power of confiscation with regard to a forest offence committed in December 1983 only by virtue of the provisions of the Indian Forest Act, 1927 as amended by M. P. Act No. 25 of 1983. Confiscation could be ordered only after following the procedure prescribed therein which is required to be initiated by notice to the first petitioner. There is no dispute that no such notice was issued and no opportunity was given to the first petitioner to show cause against confiscation. In these circumstances, the order of confiscation cannot stand.