KULDIP SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner against the order of the learned Additional Sessions Judge, Fast Track Court, Hamirpur dismissing the appeal preferred by the petitioner against the order of the Authorized Officer cum-Divisional Forest Officer, Hamirpur, ordering confiscation of Tractor No. HP 22-1229 and Trolley No. HP 210633 being driven by Virender Singh.

(2.) The Authorized Officer, in his order notes the facts, namely that on 4.3.2003, the Range Officer, Barsar registered a case for illicit felling/ illegal transportation and theft of about three Cheel trees which had been converted into 17 sleepers. It is alleged that Shri Tilak Raj, Forest Range Officer, Barsar, along with Desh Raj, Deputy Ranger, Block Officer, Hareta and Tulsi Ram, Incharge, Paniali beat seized Tractor and Trolley described above at about 10.15 P.M. on 10.2.2003 which contained 17 cheel sleepers. The driver Virender Kumar could not produce any valid permit for transportation the sleepers.

(3.) A show cause notice under Section 52(A) of the Indian Forest Act was issued to the accused Virender Kumar and Kuldip Kumar along with other accused to show cause as to why the Tractor and Trolley should not be confiscated as they were involved in illicit transportation of stolen timber. Shri Kuldip Singh admitted the ownership of the tractor and stated that it was being used for agricultural purposes only. His case was that on 10.2.2003, he was in Hoshiarpur and it was not in his knowledge whether the Tractor and Trolley were being used for transportation of illicit timber. The statements of the other witnesses were also recorded. The officer came to the conclusion that the Tractor and Trolley required to be confiscated as they were being used contrary to the provisions of the Indian Forest Act. The learned Additional Sessions Judge affirmed the judgment in appeal.