AUTHORISED OFFICER FOREST AND ANR Vs. SURJEET KOUR

JUDGEMENT

(1.) The instant petition has been filed under Section 561-A of the Code of Criminal Procedure against the judgment/order dated 26.06.2009 passed by the learned Principal Sessions Judge, Kathua in File No.27/Criminal Revision, by virtue of which the order passed by the petitioner No.1 dated 21.01.1999, has been quashed.

(2.) The petitioner feeling aggrieved of the order 26.06.2009, has filed the present petition raising the following important questions of law:

(3.) Before coming to the grounds of challenge to the order which is impugned in the present petition, it is necessary to place on record the brief facts of the case, these are; that a truck bearing No.JK02C- 7123 of which the respondent is a registered owner was seized by the I/C Police Post, Lakhanpur after a long chase at Dina Nagar (Punjab). The truck was involved in smuggling the khairwood from J&K State to Punjab. The Incharge Police Post, Lakhanpur later-on handed over the truck and the khairwood to the Range Officer, Lakhanpur for taking action as required under law. It is further stated that after completing the formalities, the case was produced before the petitioner No.1 by petitioner No.2 for taking appropriate action in terms of law. The petitioner No.1 initiated the confiscation proceedings in respect of the seized vehicle and the timber under law and during the confiscation proceedings a notice was issued to the respondent in terms of sub section 4 of Section 26 of the Forest Act to show as to why the vehicle which is involved in the smuggling of the khairwood is not confiscated. In pursuance of the notice issued, the respondent appeared before the petitioner No.1 through her attorney. The respondent also filed objections and other documents, but failed to satisfy the petitioner No.1 that the vehicle was used in smuggling the khairwood without her knowledge and connivance. It is further stated that the petitioner No.1 after affording full opportunity of being heard to the respondent came to the conclusion that the truck No.JK02C-7123 involved in the smuggling of the khairwood on previous occasions also many a time was involved in illegal transportation of forest product, as such vide order dated 21.01.1999 the vehicle was confiscated. It is further stated that against the said order passed by the petitioner No.1, the respondent filed a revision petition before the learned Principal Sessions Judge, Kathua and the said learned Judge has quashed the order passed by the petitioner No.1 vide order dated 26.06.2009.