STATE OF M.P. Vs. AJAY DEEP GUPTA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 16.12.96 of District Judge, Panna, directing, as an interim measure during the pendency of the suit, that a Truck seized by authorised Forest Officers u/s 52 of Indian Forest Act 1927 and about which proceedings for confiscation had been started u/s 52 of the Indian Forest Act, for the respondent having committed an offence punishable u/s 33(1)(B) of the said Act. He was released on surety to the plaintiff on furnishing a surety bond of Rs. 2,00,000/ - subject to terms of its being produced before a Court whenever required or before the authorised authorities. The plaintiff had filed a suit for declaration that the seizure of the truck by the authorised authorities was illegal and also that confiscation proceedings had been illegally started. A declaration to this effect was sought in the suit. Needless to say that suit had been contested by the defendants who are appellants now urging among others grounds, that the civil Court had no jurisdiction in view of the provisions of Sec. 52(C) of the Indian Forests Act as there was complete machinery provided for relief against any order of confiscation. Appeal would lie firstly to the higher authorised officers, then, to the Sessions Judge and the aggrieved party would then avail of normal proceedings of approaching the High Court, if still aggrieved by the order of the Sessions Judge. Instead of availing of that time of relief, the plaintiff sought to file a suit for declaration, but such suit was barred by the provisions of Sec. 52(C) of the Indian Forests Act.

(2.) THE trial Court, however, opined it to be fit to pass interim order of releasing the truck to the plaintiff.

(3.) LASTLY Sec. 52(C) is in following terms.