RAFEEQUE KHA Vs. STATE OF M.P.

JUDGEMENT

(1.) This application filed under Sec. 482 Crimial P.C. is directed against the order passed by the Authorised Officer under Indian Forest Act dated 08.12.2015 whereby the learned Authorised Officer confiscated blocks of Imli wood weighing 30 quintal and tractor trolley bearing registration No.MP42-6806.

(2.) An appeal was filed before the Appellate Authority which was disposed of by order dated 27.05.2016. This appeal is also dismissed and finally, the present applicant filed a revision before the Sessions Court which was disposed of by 10th Additional Sessions Judge, Ujjain in Criminal Revision No.126/2016 whereby the learned Additional Sessions Judge found that at the time of incident, the Forest produced the wooden blocks of Imli wood was being transported in violation of provisions of Madhya Pradesh Transit (Forest Produce) Rules 2000 (hereinafter referred as 'Rules 2000')

(3.) The Rule 3 of Rules 2000 provides that if forest produce which includes wood from private land owned by individual is to be transported a transit pass was required. The Clause B of the proviso gives the State Government power to exempt any specie from the operation of provisions of these rules by a notification. It is admitted that in Sept., 2015, the State Government issued a notification and the wood of Imli (Tamarind Tamarindus Indica) was exempted from the operation of these rules.