SHEIKH RASEED Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed under section 482 of Cr.P.C., 1973 by the petitioner for quashment of order dated 24.01.2018 passed by First Additional Sessions Judge, Chhatarpur in Criminal Revision No. 103/2017, arising out of order dated 31.03.2017 passed by the appellate authority in Appeal No. 7-224, whereby appeal filed by the petitioner is dismissed which is arising out of order dated 02.08.2016 passed by the competent authority in case No. 2922/2005, whereby tractor along with cultivator of petitioner has been confiscated.

(2.) It is not in dispute that petitioner is a registered owner of a Tractor Mahindra DI bearing registration No. MP-35 M-1353.

(3.) As per the petitioner, said tractor has been given to Preetam Yadav on the rent. An agreement was executed between them vide Annexure P/1. On 03.11.2015 at about 5.00 a.m., after receiving the information, forest party seized the aforesaid tractor used for cultivation of forest land. An order of confiscation was passed under section 52(4) of the Indian Forest Act, in utter violation of the provisions of sub-section 5 of Section 52. Final order has been passed by the competent authority on 02.08.2016, copy of the order is annexed vide Annexure P/4.