HADIYA BEGUM Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner is the owner of the truck bearing registration No. MPW-1875. The said truck was seized by the competent authority, the third respondent herein, on 2-10-1999 on the ground that it was involved in illegal transportation of 80 stones. A forest case No. 709/18 was registered against him under Section 33, 41 and 52 of the Indian Forest Act, 1927 (for brevity 'the Act' ). The prescribed authority by order dated 16-10-2001 vide Annexure-P/1 passed an order in exercise of the power conferred on him under Section 52 of the act directing confiscation of the said truck. The petitioner, being dissatisfied with the aforesaid order of confiscation, preferred an appeal under Section 52-A of the Act before the appellate authority. It was contended before the appellate authority that the alleged stones did not belong to the Forest department and the loading was done from the mines ef one Durjan Kendar situated in the village Ranlpur having a valid transit pass No, 372837 which was valid up to the year 2001. That apart, it was also contended that the vehicle in question was not involved in any kind of illegal transportation and the witnesses did not support the version which did find mention in the allegation sheet.

(2.) THE appellate authority, aa set forth, without appreciating the assertions and the contentions in proper perspective affirmed the order of the revisional authority by his order dated 7-11-2003 as contained in Annexure-P/3.

(3.) BEING grieved by the orders passed by the aforesaid authorities the petitioner preferred a revision before the learned Third additional Sessions Judge, Chhatarpur forming the subject-matter of Criminal Revision no. 312/2003. The learned Additional sessions Judge declined to Interfere by the impugned order dated 4-2-2004 as per Annexure-P/5.