STATE OF M P Vs. SHABIR KHAN

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has assailed the order dated 7-12-1993 passed by 1st Additional session Judge, Bhopal in Criminal Revision No. 232/93 allowing the revision of respondents No. 1 and 2 and setting aside the order passed by the authorized officer and Sub Divisional Officer, Vidisha dated 30th August, 1993 which has been affirmed by the appellate authority and Conservator of Forest, Bhopal circle Bhopal dated 1-10-1993.

(2.) IN brief the case of writ petitioner is that the Range Officer Basoda on coming to know that a truck bearing No. CPC 6623 is transporting 1400 sq. ft. flagstone illegally excavated from the forest land and from Section R. F. 190 which is under the reserved forest. A Panchanama was prepared on the spot and the truck was seized under Section 51 (1) of the Indian Forest Act, 1927 (for brevity 'the Act' ). Necessary Panchanama in that regard was prepared and an offence under Section 26 (1) (g) of the Act was also registered and the seizure report was also reported to the authorized officer under Section 52 (2) of the act. The authorized officer issued notice as contemplated under sub-section (4)of Section 52 of the Act.

(3.) THE respondent No. 1 refuted the averments made in the notice issued by the authorized officer. Thereafter, evidence was led. The authorized officer passed an order on 30th August, 1993 (Annexure P/3) directing to confiscate the impugned truck as well as the flagstone in terms of Section 52 (3)of the Act.