SHRIKANT SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. for quashment of the order of Sanction, Annexure A-7, dated 13.12.2016 passed by the Under Secretary, Forest Department, Government of M.P. Forests Department, North Shahdol, Jai Singh Nagar, Shahdol had seized a tractor trolly on 17.11.2015 carrying 135 logs of eucalyptus. After seizure a Forest Offence No. 9645 of 11 was registered. On 17.11.2015, Sub Divisional Officer, (Forest) Jai Singh Nagar, Shahdol vide letter dated 20.11.2015 informed the Judicial Magistrate, Ist Class, Jai Singh Nagar, Shahdol for initiation of proceeding of confiscation of the vehicle.

(2.) The Range officer, Jai Singh Nagar, Shahdol examined the case and found that vehicle involved in commission of Forest Offence, hence he submitted memorandum for confiscation of vehicle on 16.11.2016. Dy. Conservator of Forests, vide letter dated 15.2.2016 directed the Range Officer to submit his clear opinion in regard to confiscation of the vehicle.

(3.) On 12.02.2016 the owner of the vehicle Jagannath Tiwari, the complainant submitted a complaint to Lokayukta organization to the effect that he is owner of a tractor of Aayshar Company. It was given on rent to Alok Dwivedi. He was transporting 135 logs of eucalyptus tree to Jai Singh Nagar, Shahdol. On the way the vehicle was stopped by the Range Officer and the logs were seized.