SHYAMBABU KIRAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution assails the order dated 16.09.2014 (Annexure P/1), order dated 27.04.2013 (Annexure P/2) and order dated 20.01.2013 (Annexure P/3).

(2.) Brief facts for adjudication of this matter are that the petitioner is owner of tractor No. M.P.08M 1946. On 19.07.2012, the petitioner's tractor was seized by the forest department with the allegation that he was cultivating the notified and reserved forest land. The petitioner was served with a show- cause notice. He denied the allegations by filing reply. Thereafter the specified authority by order dated 21.01.2013 found that the offence under Section 33 (1) (c) of Indian Forest Act, 1927 (for brevity "Forest Act") are established. The petitioner feeling aggrieved by this order, preferred an appeal which was registered as Case No.01/2013. The appellate authority by order dated 27.04.2013 rejected this appeal. The petitioner then preferred revision which was registered as Revision No. 54/2013. The Special Judge, Shivpuri rejected the said revision by order dated 16.09.2014.

(3.) Shri Vilas Tikhe, learned counsel for the petitioner advanced singular contention. He submits that even if it is found that the petitioner committed the offence mentioned in Section 33 (1) (c) of the Forest Act, his vehicle cannot be confiscated under Section 52 of the Forest Act. To elaborate, it is contended that from petitioner's tractor no forest produce is recovered. He has not committed any offence in respect of any forest produce and therefore power of seizure and confiscation could not have been exercised. Reliance is placed on the judgment of Supreme Court (State of Kerala v. P.V. Mathew, 2012 AIR(SC) 1502).