VIJAY KANWDE Vs. SUB DIVISIONAL OFFICER AND ORS.

JUDGEMENT

(1.) The Authorized Officer and Up Van Mandal Adhikari, Balaghat vide order dated 3.11.2008 in Forest Crime No. 5624/2013 confiscated a Max Jeep bearing Registration No. MP022T/0227. The Conservator of Forest and Appellate Authority vide order dated 16.4.2009 confirmed the order passed by the authorized officer and confiscating authority. The Second Additional Sessions Judge, Balaghat in Criminal Revision No. 52/2005 vide order dated 29.6.2009 confirmed the order passed by the Forest Officer and the Appellate Authority. Being aggrieved with the aforesaid orders the applicant has preferred this present petition under Section 482 of the Cr.P.C to get the vehicle released.

(2.) Facts of the case in short are that on 30.9.2007 at about 11.45 p.m driver Dilip Vankhede transported 25 bags of manganese ore which was quantified to be 1203 kgs. by vehicle No. MP MP022T/0227 from Reserve Forest Beat No. 580. On inspection, the jeep was stopped and it was taken to Mahekepar Rest House and Dilip Vankhede could not produce any permit etc. of that transportation and therefore, a forest case was registered and an Authorized Officer as well as Deputy Forest Divisional Officer, Balaghat was informed to initiate the confiscation proceedings. A notice was given to the applicant who was owner of the vehicle.

(3.) The applicant took a defence that he was not made an accused in concerned POR (FIR) of forest crime. Vehicle was given to driver Dilip Vankhede to carry passengers in the vehicle and ply it as a taxi. He was not permitted to transport any illegal substance. The applicant went to Korba and he was not present at his residence at Village Piparwani, District Seoni on the date of incident and therefore, it was pleaded that vehicle be released. The authorized officer vide order dated 3.11.2008 confiscated the vehicle.