STATE OF MADHYA PRADESH Vs. ANIL KISHORE MISHRA

JUDGEMENT

(1.) A Maruti van, said to be belonging to respondent herein, was seized on 17-2-1991 since it was found transporting forest produce without necessary licence, permit or authorisation. The seizure was effected under the provision of the M. P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969, Act No, 15/87 (for short an Act ). Due intimation was sent to the Chief Judicial Magistrate, Raigarh as contemplated under law. Thereafter the respondent, after approaching the appropriate authority for release of the vehicle, filed a suit for declaration that the transport of the material was not illegal. He also filed an interlocutory application, seeking direction for release of the cehicle. The application was opposed by the State and the Authorised Officers but was allowed by the District Judge. Hence this revision by the State and the Authorised Officer.

(2.) REVISION petitioner placed reliance on the provisions of sub-section 15-C of the Act, which reads thus :