SHABHIRALI TAHARALI BOHARA Vs. STATE OF M P

JUDGEMENT

(1.) BY this revision petition the petitioner challenges the order dated 13-9-1983, passed by the Sessions Judge, Jhabua, in Criminal Revision No. 53 of 1983, thereby setting aside the order dated 13-4-1983, passed by the Judicial magistrate, 1st Class, Alirajpur, in Cr. Case No. 0/1983, releasing the Truck No. G. T. K. 4438 on Supratnama, which was seized u/s 52 of the Indian Forest Act hereinafter referred to as the Act.)

(2.) ACCORDING to the applicant on 23-1-1983 the empty truck was coming from Chhota-Udaipur in Gujarat to Balavant via Nani-Sadli. On the way it got stranded and all efforts to take it out failed. The driver remained with the vehicle, while others went to Chhota-Udaipur in search of a tractor, which could be hired for taking out the stranded truck. In the meanwhile the Forest authorities of Katthiwada registered a false case and the applicant also lodged a report of theft of the truck at the Police station Chhota-Udaipur in Gujarat.

(3.) IN reply to the petitioner's application for release of the truck on the above mentioned grounds, the respondent submitted that the truck was seized in connection with two forest offences registered as Crime No. 187/82-83 and 188/82-83, at the office of the Sub-Divisional Officers, Forests, Katthiwada. The allegations were that 112 ballis and 25 Kg of Gond (Resin) was being carried by the applicant, who owns a shop in Balavant in Gujarat.