RAJPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Date of Judgment: 14/02/2018 1. Heard. The petitioner herein is the registered owner of a Pick-up vehicle bearing registration No.RJ-18-GA-2454. The said vehicle was apprehended by staff of the Police Station Hamirwas, District Churu on 25.08.2013 while being driven by the petitioner himself and transporting raw khejri wood (forest produce) without a transit permit. Accordingly, the petitioner was booked for the offences under Sections 41 and 42/77 of the Rajasthan Forest Act and an FIR No.204/2013 was registered against him and the vehicle was seized.

(2.) In the criminal case registered against the petitioner, he stands convicted by the Gram Nyayalaya, Rajgarh, District Churu vide judgment dated 20.09.2013. While passing the said judgment, the trial court gave liberty to the competent forest officer to pass an order regarding confiscation or otherwise of the offending vehicle as per the provisions of the Forest Act . In furtherance of the said direction, the Forest Officer-cum- ACF, Churu passed an order dated 03.12.2013 and directed confiscation of the offending vehicle. The petitioner unsuccessfully challenged the said order by filing a revision No.10/2014 which was rejected by the learned Additional Sessions Judge No.3, Bikaner vide order dated 21.05.2014. These two orders are assailed in the instant writ petition.

(3.) Though the order of confiscation has been challenged on merits as well as on the so-called ground of infractions/shortcomings in the procedure of confiscation but, while advancing the arguments and after considering the reply submitted by Shri S.R. Paliwal, Dy. G.C. on behalf of the Forest Department, Shri Joshi candidly conceded that he does not have much to say on merits and thus, he pleaded that a reasonable view be taken and the offending vehicle, which is the only source of livelihood of the petitioner, be released upon payment of apposite fine to be quantified by the Court.