MITTHANLAL MISHRA Vs. STATE GOVERNMENT OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition under Arts. 226 and 227 of the Constitution of India, the petitioner challenges the constitutional validity of S. 52 of the Indian Forest (M. P. Amendment) Act, 1983 and also challenges the order of confiscation passed by respondent No. 2 on 7-1-1987.

(2.) At the very inception of the argument, Shri Dabir submitted that he seeks to withdraw the challenge thrown to the constitutional validity of S. 52 of the Indian Forest (M. P. Amendment) Act, 1983.

(3.) The case of the petitioner was that he is the owner of the Truck No. M.P. No. 5928, the said truck was in custody and possession of the driver Gokul Prasad who was required under the transit permit to transport certain forest wood from one place to another. In a raid effected on 4-12-1986 the Forest Ranger found the truck carrying some different fresh sawn forest produce and not the one under the permit or transit pass. The Truck was seized, Forest offence was registered and notice was sent to the Judicial Magistrate First Class. Notices regarding confiscation proceedings were issued to four persons but no notice was issued to the present petitioner.