KIRODIMAL AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The orders passed in this Misc. Petition No. 2875/83 would also govern the disposal of M.C.C. No. 7 of 1987 (Kirodimal Agarwal v. Shri M.S. Tiwari and another) since the contempt matter arises out of the main petition.

(2.) The petitioner, allegedly a forest contractor by profession and owner of a saw mill at Kharsia, has challenged the seizure and orders of confiscation of 107 loge of wood, purportedly passed in exercise of powers u/s. 19(1)(b) of the M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 (for short called "the Adhiniyam") in respect of the alleged contravention of the provisions of Sections 5(1), 11(1) of the Adhiniyam r/w Rule 4(1), (3), (4) of the M.P. Van Upaj (Vyapar Viniyaman) Kastha Niyam, 1973. Initially, truck No. CPL 687 belonging to the petitioner was seized and was also confiscated but subsequently, the respondent No. 2 had withdrawn the order of confiscation of the truck in question and the same was already released by the orders of this Court on 19-8-84 on Supratnama of the petitioner; and therefore, no relief is sought in respect of the truck.

(3.) It is common ground that in the intervening night of 17th and 18th November, 1983, Truck No. CPL 687 belonging to the petitioner was intercepted. It was carrying 107 Bija logs. A seizure memo was drawn in respect of P.O.R. 7210/13.