DIVISIONAL FOREST OFFICER Vs. ZIA UL RASHEED

JUDGEMENT

(1.) In the instant petition, preferred under Section 561-A of the Code of Criminal Procedure, the petitioner has assailed the validity of the order dated 07.05.2014 passed by the learned Additional Sessions Judge, Doda whereby the order passed by petitioner dated 18.11.2013 in his capacity as an Authorised Officer, was quashed.

(2.) Petitioner feeling aggrieved of the order dated 07.05.2014 passed by the learned Additional Sessions Judge, Doda, has filed the present petition and raises the following questions of law, for setting aside the said order.

(3.) The facts leading to filing of this petition are that; a vehicle bearing No.JK02AX-0788 (TATA SUMO) of which the respondent is a registered owner, was seized by the police; the vehicle was involved in smuggling the Nag Chatri (Trilium Govanianum), a banned Minor Forest Produce (MFP); the total quantity of the Minor Forest Produce was to the extent of 175 Kgs. After completing the formalities, the case was framed and proceedings under section 26 of the Forest Act were initiated; the petitioner initiated the confiscation proceedings in respect of the seized vehicle and the MFP under law. During the confiscation proceedings from the document, it was clear that the vehicle was involved in smuggling of the banned MFP i.e Nag Chatri (Trilium Govanianum). It is further contended that during the confiscation proceedings, a notice was issued to the respondent in terms of sub-Section 4 of the Section 26 of the Forest Act. In pursuance of the notice issued, the respondent appeared before the petitioner through advocate, recorded his statement, but failed to satisfy the petitioner that the vehicle was used in smuggling NAG CHATRI without his knowledge and connivance and even failed to show that who hired his vehicle for carrying 7 bags of feed from Basmina to Doda covering a distance of 35 km. It is also stated that the petitioner after affording full opportunity to the respondent to present his case and after hearing the respondent at length came to the conclusion that the vehicle bearing No.JK02AX-0788 was involved in smuggling of the NAG CHATRI and as such vide order dated 18.11.2013 the vehicle along with MFP was confiscated.