RANGE OFFICER Vs. NASIB RAJ

JUDGEMENT

(1.) Revision, not been provided under the Forest Act against the order of Sessions Judge, on unopposed submission is treated as a Petition under Section 561-A Cr.P.C.

(2.) Range Officer, Doda Range along with field staff and SHO, Kud while intercepting the vehicle TATAMOBILE recovered 30 no. of Deodar Scants. Failure on the part of the driver to produce any valid document in support regarding the timber resulted in seizure of the vehicle. Consequently, Forest Officer (DFO) Udhampur has initiated the confiscation proceedings. During the pendency of the confiscation proceedings, the respondent filed an application for release of the vehicle before the Court of Sessions Judge, Udhampur. Vehicle has been ordered to be released in favour of the petitioner vide order dated 18-12-2008. Aggrieved thereof, the instant petition has been filed.

(3.) The sole point raised for quashing the proceedings relating to the release by the Court of Sessions Judge is that the order has been passed without jurisdiction.