VIJAY KUMAR ARYA Vs. CONSERVATOR OF FOREST

JUDGEMENT

(1.) In the instant petition preferred under Articles 226/227 of the Constitution of India, the petitioner has taken an exception to the orders contained in Annexure-P/1, Annexure-P/2 and Annexure-P/6, passed by the Specified Officer and the Appellate Authority under the provisions of the Indian Forest Act, 1927 [for brevity 'the Act'] whereby the vehicle being found involved in illegal and illicit transportation of forest produce has been directed to be confiscated for commission of forest offences. The orders impugned in this writ petition have been passed in exercise of power conferred under Sec. 52 of the Act. Being dissatisfied with the aforesaid orders an appeal preferred by the petitioner under Sec. 52-A of the Act also faced dismissal.

(2.) Feeling aggrieved by the orders passed by the aforesaid authorities, the petitioner preferred a revision before the learned Additional Sessions Judge, Betul, forming the subject-matter of Criminal Revision No. 6/2005 whereby the learned Additional Sessions Judge also declined to interfere with the orders of confiscation and dismissal of appeal.

(3.) The factual expose adumbrated in a nutshell, is that the petitioner is engaged in petty business of oil and grain merchant. He is also a cultivator having an HMT tractor and trolley, bearing registration No. MP-05-1319-1320. It is urged that the said tractor was purchased after availing loan from a Bank and thereafter registered in the name of the father of the petitioner - Shri Barikram alias Chhadami Arya. It is further submitted that the petitioner owes a big joint Hindu family property. It is submitted that on the basis of an agreement (Annexure-P/4), the responsibility of the maintenance of the agricultural fields and cultivation was assigned to the present petitioner and he was looking after and taking care of the said works. Besides, that he was also doing petty business of oil and grain merchant etc.