ROHTASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed by the petitioner against the order dated 7.10.2014 passed by the learned Addl. Sessions Judge No.3, Bikaner whereby the Revisional Court accepted the revision preferred by the petitioner and whilst setting aside the order dated 25.8.2014 passed by the learned Appellate Authority being the Divisional Chief Conservator of Forest Bikaner in appeal, directed the seized vehicle being Pickup registration No.RJ 31 GA-2724 to be released to the petitioner on interim Supardginama upon submitting a bank guarantee for a sum of Rs. 2 lacs.

(2.) Facts in brief are that the petitioner's vehicle registration No.RJ 31 GA-2724 was seized by the S.H.O., Police Station Sidh-mukh, Dist. Churu whilst transporting forest produce (green unripe Khejri wood) without permit.

(3.) The petitioner filed an application before the concerned Assistant Conservator of Forest for releasing the vehicle to him on Supardginama. The learned Assistant Conservator of Forest rejected the application preferred by the petitioner vide order dated 10.7.2014 holing that the vehicle was liable to be confiscated as the same was being used for transporting prohibited Khejri wood. If the vehicle was released on Supardginama there was every possibility that the accused would attempt to delay the trial of the case and would continue to use the vehicle to his own benefit. It was also opined by the Assistant Conservator of Forest that the release of vehicle seized under the provisions of Forest Act was beyond the jurisdiction of the Authorized Officer and also against the letter and spirit of the Rajasthan Forest Act, 1952 as amended in the year 2012. The learned Assistant Conservator of Forest also held that as the matters were pending consideration before the concerned criminal court, it would not be just and proper to confiscate the vehicles till the cases are decided by the trial court.