RAVI DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioners, being aggrieved of the seizure of their trucks bearing registration No. M. P. No. 19-7900, M. P. 26-D-1756, MBC-8041, MP-09-K-3555 and Truck No-M. P-L-3361 respectively, have visited this Court with this petition under Article 226/227 of the Constitution of India. The trucks were seized for the alleged offence of transporting timber wood from village Jadiya to mohada without transit pass, wherefor a forest offence under section 5 (1) and 15 of the M. P. Van Upaj (Vyapar Viniyaman) Adhiniyam 1969 Vide P. O. R. No. 412/18 was registered. The petitioners seek quashment of P. O. R. 412/18 and the release of trucks seized.

(2.) FACTS giving rise to the seizure of trucks and registration of forest offence, briefly are that, one Smt. Durpati W/o Nandlal Gavli R/o Village Jadiya, District betul, owner of land bearing Khasra No. 233, 234 and 273 admeasuring 2. 431 hectares at Patwari Halka No. 7 having on it 149 Teak trees, applied for felling of trees as permissible under MP. Lok Vaniki Niyam, 2002 and as per plan prepared therein, she was allowed to fell 60 trees standing over Khasra No. 233, 234 and 23 7 in the first phase, by the Divisional Forest Officer, West Betul, vide order No. 103 dated 7. 6. 2008. Whereafter the land was demarcated by the concerning patwari and the trees were cut thereafter, as per sanction. She applied for transportation of timber to the Range Office, Mohda which was accorded and hammer impression were put on each timber piece. However, before the transit passes could be issued as the stung is put by the respondents, she arranged the trucks in question and got the timber transported from village Jadiya to Mohda, which, as stated, is at a distance of 17 Kms. These trucks when were taken to range office Mohda were apprehended by respondent No. 5, Naib Tahsildar bhimpuri, who caused their seizure on 18. 7. 2008 for want of transit passes.

(3.) TO ascertain as to whether the trees in question were cut from proper place as permitted, a joint spot inspection by the revenue and forest authorities was carried out on 22. 7. 2008; whereupon, it was found that the Patwari had wrongly demarcated the land and out of 60 only 9 trees were found to be from the land belonging to Smt. Durpati Bai; whereas two trees were from the land of Shri parasram owner of Khasra No. 272 and 49 trees were from Khasra No. 235/1 belonging to revenue department and recorded as "bade Jhad Ka Jangal". A case for illicit felling was prepared vide POR 811/16 on 8. 8. 2006. Furthermore, since it was found that the timber in question was transported without valid transit pass over a lead of 17 Kms village Jadiya to Modha an offence against the truck drivers was registered under Rules framed under section 41 of the Indian forest Act, 1927 read with section 5 (1) and 15 of M. P. Van Upaj (Vyapar viniyaman) Adhiniyam, 1969 vide POR. 412/18 on 4. 11. 2008. It is also pointed out that because of violation of Rule 8 of the M. P. Lok Vaniki Ahiniyam, 2002 an action is contemplated by Sub Divisional Magistrate, Bhaisdehi.