STATE OF MADHYA PRADESH Vs. YANKAPPA

JUDGEMENT

(1.) L.P.A. is directed against the judgment and order dated 6-11-1996 of the learned single Judge whereby the order dated 20-11-1990 of the Sessions Judge, Indore passed in Cri. Rev. No. 5/90 (Ann. P/1), order of Conservator of Forest dated 12-8-1986 (Ann. P/2) and order of Competent Authority dated 28-12-1985 (Ann. P/3) have been set aside.

(2.) Brief history of the case is that petitioner-respondents are Sandal Wood dealers. They are residents of Miraj (Maharashtra). They were granted permit by Forest Department of Miraj (Maharashtra) for purchase of Sandal Wood from Sangli and they had to transport it in any part of the country under the issuance of Transit Passes. Sandal Wood, so purchased, were kept in two different and separate lots. One lot was of fifty bags and another was of 71 bags. Consignments were hypothecated with Vijay Bank, Miraj and were under custody of the bank.Petitioner-respondents with intent to send the consignment had obtained Transit Passes under Maharashtra Transit Passes Rules, two transit passes were granted to them (i.e. one for transportation of fifty bags and another for 71 bags). Consignment was sent from Miraj to Kannouj (U.P.). The route mentioned in the Transit Passes was Miraj-Pune-Indore Kanpur-Kannouj and details of sandal wood were also given in the transfit passes. The Transit Passes were valid for a period of fifteen days from the date of issuance. The consignment was to be taken by motor truck.

(3.) The truck carrying the consignment developed some mechanical problem at Pune and therefore, truck had to be changed. Consignment were brought in some other truck from Pune to Indore. As the truck could not go beyond Indore, as it had a permit up to Indore only, and therefore, the consignment were kept in Godowns of Transport Corporation of India, Indore for its destination to Kannouj. As the consignments were booked by the petitioners-respondents through above Transport Company at the starting point at Miraj.