SAHUN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') the petitioner has challenged order dtd. 29/4/2022 (hereinafter referred to as the 'Impugned Order'), passed by learned Special Judge (SC/ST (Prevention of Atrocities Cases), Udaipur, (hereinafter referred to as the 'Revisional Authority') whereby, the order dtd. 8/3/2022, passed by the Divisional Chief Conservator of Forest, Udaipur (hereinafter referred to as the 'Appellate Authority'), dismissing petitioner's appeal against the order of confiscation dtd. 29/11/2021 passed by learned Assistant Conservator of Forest, Udaipur (hereinafter referred to as the 'Authorised Officer') has been upheld.

(2.) Precisely narrated the facts appertain are that on 29/4/2021, at or around 8:15 am, the Police Authority was informed that a truck bearing number RJ-14-GG-7655 (hereinafter referred to as the 'Confiscated Truck') is carrying Khair wood illegally from Kherwada to Udaipur. Accordingly, the Police intercepted and seized the truck which was being driven by one Shabbir s/o. Bashir Khan. An FIR bearing number 70/2021 dtd. 29/4/2021, alleging offences under Sec. 41 and 42 of the Rajasthan Forest Act, 1953 (hereinafter referred to as the 'Act of 1953') and sec. 379 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') came to be registered.

(3.) On receipt of information about said FIR, a case bearing No. 09/2021 came to be registered by the Authorised Officer for taking up proceedings of confiscation of the truck and goods. The learned Special Additional Judge and Judicial Magistrate (P.C.P.N.D.T.) Sarada, Udaipur was sent an intimation vide letter No. 115 dtd. 25/8/2021 about initiation of confiscation proceedings.