RAKHIYA BAI Vs. CONSERVATOR OF FOREST

JUDGEMENT

(1.) THIS writ petition has been filed challenging the order dated 17-3-07 passed by the learned Additional Sessions Judge, Betul, affirming the order of the Authorised Officer and the Appellate Authority passed under Section 15 of the M. P. Van Upaj Vyapar (Viniyaman) Adhiniyam, 1969, in brief 'the 1969 act'.

(2.) BRIEF facts are that petitioner Rakhiyabai is the owner of Tractor trolley No. MP 48 M 1565, which is stated to be purchased after obtaining finance from the Bank. The Tractor Trolley was stopped by the rarest officers on 16-12-2003 at 11 p. m. and on inspection it was found to be carrying 40 pieces of teak wood without any transit permit and documents. Indal was driving the tractor.

(3.) THE Authorised Officer initiated proceedings for confiscation of the Tractor on the ground of violation of Section 5 (1) of 1969 Act. The statements of the prosecution as well as the defence witnesses were recorded and thereafter the Authorised Officer passed the order dated 26-12-2005 directing confiscation of the tractor trolley in question and also the teak wood, which was seized from the tractor trolley. The order of the Authorized Officer was affirmed by the Appellate Authority by order dated 11-3-2006 against which the petitioner preferred revision before the Additional Sessions Judge, Betul, which was dismissed by order dated 17-3-2007. Aggrieved with this order the petitioner has filed the present writ petition.