MEHBOOB ALI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This Civil Misc. Petition (M) is directed against the order to the learned Sessions Judge, Sirmaur at Nahan in Criminal Appeal No. 17-N/10 of 1995, whereby the order dated 4-5-1995 passed by the Authorised Officer, Paonta Sahib, appointed under the Indian Forest Act, 1927 (for short 'the Act') was upheld.

(2.) Briefly stated the facts are as follows. The police received some secret information with regard to smuggling of Khair wood from the State of Himachal Pradesh to the States of Haryana and Uttar Pradesh. Raiding. Police Party along with some forest officials of the Range nabbed a Truck No. HNE-4611, which was carrying Khair wood. Both the driver and the cleaner could not produce any permit with regard to timber. The Truck was nabbed at a place within the State of Haryana. The police took the personnels with Truck as well as timber in question. A petition was moved before the Judicial Magistrate, Paonta Sahib for the release of Truck in favour of the present petitioner but it was dismissed on the ground that under the provisions of Sections 52-A and 52-B of the Act, only Authorised Officer was competent to pass appropriate orders. An appeal was filed and the Authorised Officer was directed to dispose of the matter and it was so decided by the impugned order dated 4-5-1995, whereby the Authorised Officer ordered confiscation of the Truck with further directions to dispose of the Truck by public auction. The appeal before the learned Sessions Judge was also dismissed by judgement dated 7-8-1995. Therefore, the present petition.

(3.) I may quote below Sections 52-A and 52-B of the Act as introduced by Indian Forest (Himachal Pradesh Second Amendment) Act, 1991 :-