STATE OF M.P. Vs. YANKAPPA

JUDGEMENT

(1.) L .P.A. is directed against the judgment and order dated 6.11.96 of the learned Single Judge whereby the order dated 20.11.90 of the Sessions Judge, Indore passed in Cri. Rev. No. 5/90 (Ann. P/1), order of Conservator of Forest dated 12.8.86 (Ann.P/2) and order of Competent Authority dated 28.12.85 (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 of71 bags. Consignments were hypothecated with Vijay Bank, Miraj and were under custody of the Bank.

(3.) ON 28.12.85 Forest Department of M.P. received a message that some illegal and unauthorised Sandal Wood has been stored in the god -own. They took the search and found 50 bags and 71 bags of Sandal Wood in god -own No.3 of Transport Corporation of India. On opening the bags, they found that there were no hammer marks on the Sandal Wood kept in lot comprising 71 bags; only the bags were closed and sealed. Forest Officers seazed the goods. A notice was given to the petitioner -respondents.