CHHAGANLAL KHER Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of Criminal Procedure Code, 1973 (for short 'The Code'), has been filed against order dated 02/12/2016, passed by Sub-Divisional Forest Officer, Sub- Division Forest, Jhabua whereby the vehicle No. MP-45-AA-7413, owned by the application is ordered to be confiscated.

(2.) Necessary facts for the disposal of the present petition are that on 05/07/2016, at about 11.15 p.m., Mahindra truck bearing Registration No. MP-45-AA-7413 was seized by the forest authorities in connection with offence punishable under Section 26 (g) read with Section 52 of Indian Forest Act, 1927 (for brevity 'the Act') and Section 2 of Forest Conservation Act, 1980. An intimation was given to the concerned Juducial Magistrate, Petlawad, District Jhabua with regard the proceedings of confiscation of the said vehicle and after that confiscation proceedings had been conducted and on 02/12/2016 the confiscation order was passed by S.D.O., Jhabua, which is the subject matter of challenge before this Court.

(3.) Learned counsel for the applicant has submitted that the confiscation proceedings has not been undertaken in accordance to provisions of law. The applicant has neither been noticed nor given any opportunity to file his response and the order was passed without giving him any opportunity to put his evidence which against the law of natural justice. Under these circumstances, counsel prays that the order passed by Sub Divisional Forest Officer be set aside and a direction be issued to release the vehicle in favour of the applicant.