J.K. JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner seeks to challenge the correctness, validity and propriety of the orders dated 28.12.96 (Annexure P -l), dated 15.3.97 (Annexure P -2) and the Judgment dated 8.5.97 delivered in Crinilnal Revision No. 59/97 (Annexure P -3) on the ground that the orders are contrary to law and the order of confiscation of the Jeep bearing No. MP 20 H -1515 is not based on any legal foundation.

(2.) THE brief facts leading to the petition are that on 30.9.96 the above referred Jeep was found transporting ten logs of timber (teak wood) without any transit pass or proper permit. When the seizure proceedings were going on, the driver of the vehicle threw away the logs and fled away from the spot with the Jeep.

(3.) SHRI Tiwari, learned counsel for the petitioner submits that the authorities so also the Court did not consider the facts in their true perspective, did not appreciate that there were material contradictions in the statement of the witnesses, the Panchnama prepared on the spot was silent about the material facts and the Tribunal/Court did not look the matter with a proper approach. On the other hand, learned Government Advocate contended that when the Divisional Forest Officer, Appellate Authority and the Revisional Court after appreciating the facts have found that the Jeep was involved in the forest offence then it would not be proper for this Court to reopen the factual disputes and re -appreciate the evidence. He submits that the petition deserves to be dismissed.