JAIHIND SINGH THAKUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Vide order dated 24 -05 -2010 the authorized officer of the forest department in forest crime No. 6470/01 dated 06 -08 -2009 directed to confiscate the tractor bearing registration No. MP32 AA -0841 along with its trolly. The appellate authority vide order dated 27 -01 -2012 in appeal No. 20/10 confirmed the order passed by the authorized officer. The 14th Additional Sessions Judge, Gwalior in Criminal Revision No. 145/2012 vide order dated 01 -10 -2012 dismissed the revision and confirmed the orders passed by the appellate authority as well as authorized officer. The applicant being owner of the tractor trolly has challenged all the aforesaid orders in the present petition under Sec. 482 of Cr.P.C.

(2.) Facts of the case in short are that on 06 -08 -2009, Shri A.K. Dubey SDO Forest, Shri S.R. Yadav Range Officer, Datia had received an intimation that in of forest block Radhapur (suit No. RF48) illegal mining operation was going on and therefore, Shri Dubey and Yadav along with Area Assistant Shri S.S. Verma, Suresh Sharma and other authorized officials went to the place and at about 11:30 pm it was found that illegal mining was being done with the help of yellow colour JCB machine. It was also found that the minor mineral was loaded in a tractor trolly, therefore, a spot memo was prepared by Beat Guard -Amritlal Sain and noted the engine and chassis number of JCB machine because no registration number was exhibited on that machine but registration number of tractor was mentioned in the memo being MP32 AA -0841. Name of the driver was enquired but both of them had refused to tell their names and they also refused to append their signature on various memos. Thereafter, when the concerned forest officer was taking the JCB machine and tractor trolly in which muram was filled up for Datia, then some unknown persons came in a Bullero jeep, surrounded the authorized officer and thereafter they forcefully took the JCB machine as well as tractor and trolly. On 07 -08 -2009 intimation was given to the SHO, Police Station Civil Lines Datia and FIR was registered. The police and officers of the forest department had recovered the JCB machine on 07 -08 -2009. On 07 -08 -2009 a detailed spot inspection was done and it was found that 85 cubic meter muram was dug on the spot. Thereafter, tractor trolly was also recovered by the concerned forest officer with the help of police provided by the police station civil lines, Datia. The matter was referred for confiscation and the authorized officer after considering the evidence adduced by the parties passed an order dated 24 -05 -2010 and confiscated the tractor and trolly. The appeal filed by the applicant was dismissed and the revision was also dismissed.

(3.) I have heard learned counsel for the parties at length.