STATE OF M.P. Vs. SURESH KUMAR

JUDGEMENT

(1.) THIS appeal by Special Leave is filed by the State of Madhya Pradesh challenging the legality and correctness of the judgment and order dated 2nd January, 1996 in writ petition No. 701 of 1994 passed by the Madhya Pradesh High Court at Jabalpur.

(2.) THE facts in brief are as under : -The respondent herein is the owner of a truck bearing registration No.MPW -4015. It is a common premise that the said truck was used to be given on hire for transporting the goods. It is claimed by the owner that he had engaged a driver to ply the truck.

(3.) ON conclusion of the confiscation proceedings, the Competent Authority by its order dated Nil ordered confiscation of the truck in exercise of its powers under sub section (6) of section 15 of the Adhiniyam. Being aggrieved by the order passed by the Competent Authority, the respondent preferred an appeal to the Appellate Authority which by its order dated 23rd February, 1993 dismissed the appeal and confirmed the order passed by the Competent Authority. The respondent thereafter challenged these orders before the Sessions Judge, Shivpuri by filing Criminal Revision No. 61 of 1993. The learned Sessions Judge vide his judgment and order dated 22nd March, 1994 allowed the Revision Application and set aside the orders passed by the forest Authorities. The State of M.P. impugned the order passed by the Sessions Judge, Shivpuri by filing writ petition under Article 227 of the Constitution of India before the Madhya Pradesh High Court at Jabalpur. The learned Judge, however, vide his judgment and order dated 2nd January, 1996 dismissed the writ petition, It is against this order passed by the learned Judge of the High Court, the State of Madhya Pradesh has filed this appeal.