MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the order dated 19.1.1991 passed by the learned District and Sessions Judge, Merta, dismissing the petitioner's appeal as time barred and against the order dated 18.4.1990 whereby the petitioner's truck No. RSS 4104 ordered to be confiscated.

(2.) The facts of the case are that one Shravan Singh was found carrying, illegal timber in the above truck on 17.12.1988, who was punished with a fine of Rs. 250.00 on his confession for offence under Sec. 41/42 of the Rajasthan Forest Act, 1953 vide order dated 31.1.1989 and a notice under Sec. 55 of the Rajasthan Forest Act, 1953 for confiscation of the truck was issued to the petitioner. The petitioner submitted a reply dated 16.5.1989 alleging therein that it was not in the -knowledge of the petitioner that the temporary driver Shravan Singh was carrying the timber in truck. It seems that the learned Munsif & Judicial Magistrate, First Class, Merta vide order dated 18.4.1990, passed the order of confiscation of truck after hearing learned Additional Public Prosecutor and in the absence of counsel for the petitioner. Against the order dated 18.4.1990 the petitioner preferred an appeal after expiry of period of limitation, alongwith an application for condonation of delay, which was duly supported by his affidavit. In the application for condonation of delay, the petitioner mentioned that he was not aware of the order dated 18.4.1990 till 8.1.1991 as it was not informed by his counsel. The order dated 18.4.1990 was passed in absence of petitioner's counsel. The petitioner for the first time learnt about the order dated 18.4.1990 on 8.1.1991 and the petitioner filed an appeal within time limit from the date of knowledge. The learned lower appellate Court, however, dismissed the petitioner's appeal as being time barred.

(3.) I have heard learned counsel for the petitioner, learned Public Prosecutor and perused the record.