DEPUTY DIRECTOR FOREST PROTECTION FORCE Vs. RAVI SINGH

JUDGEMENT

(1.) Through the medium of petition in hand, the petitioner has sought indulgence of this Court for quashing the order recorded by the learned Sessions Judge, Kathua dated 10-12-2001 whereby it came to release vehicle No. JKO2B-6135 on superdnama of the respondent.

(2.) The factual matrix of the case are that on 30-11-2001 a patrolling party of Forest Protection Force came to seize vehicle No. JKO2B-6135 at Hatli Morh, Kathua along with 180 bags of Charcoal loaded in it, when on demand the driver of said vehicle and its owner Vijay Singh failed to produce any document regarding the transportation of said charcoal loaded in the said truck. The seizure appears to have been reported to Chief Judicial Magistrate, Kathua on 30-11-2001 and to the Divisional Forest Officer, Kathua for the confiscation of the seized property. It further appears that on 1-12-2001 one Ravi Singh approached the learned Sessions Judge, Kathua for the release of said vehicle allegedly used in the commission of the forest offence. The learned Sessions Judge by virtue of the impugned order came to order the release of this vehicle on superdnama of its registered owner or duly authorised attorney after holding that he has jurisdiction to deal with the matter.

(3.) Heard the learned counsel for the parties.