SMT. HARKUNWAR Vs. STATE OF MADHYA PRADESH AND OTHERS
LAWS(MPH)-2018-6-152
HIGH COURT OF MADHYA PRADESH
Decided on June 27,2018

Smt. Harkunwar Appellant
VERSUS
State of Madhya Pradesh and Others Respondents

JUDGEMENT

SUSHIL KUMAR PALO,J. - (1.) This petition under Section 482 Cr.P.C,, 1973 has been filed, to invoke the extra ordinary jurisdiction of this Court and to quash the order dated 16.08.2013, passed by the appellate authority and Chief Conservator of Forest, Circle Sagar, and order dated 05.02.2014, passed by Third Additional Sessions Judge, Sagar, wherein the confiscation of the Tractor No. UP94C-5328, has been confiscated by the Chief Conservator of Forest and affirmed by the Revisional Court.
(2.) The facts necessary for disposal of this petition in brief are that the petitioner is the owner of the Tractor No.UP94C- 5328. The said Tractor was allegedly used for ploughing forest land at village Jhikni near Naudhana Beet, Box PF 229. Therefore, the forest officials registered the Crime No. 1521/49, dated 17.11.2012 and a criminal proceeding was initiated. The Competent Officer vide order dated 30.03.2013, after having enquired the matter and provided opportunity to the owner of the Tractor to defend, passed the order stating that the Tractor was ploughing the forest land. Hence, a fine of Rs. 10,000/- was imposed, under section 33(1)(c) of the Indian Forest Act, 1927 and further Rs. 15,000/- has been awarded as compensation, under section 63(c) of the Indian Forest Act. However, the Tractor U.P.94-C-5328 and the accessories were ordered to be released, exercising the powers under Section 52 of the Act, 1927.
(3.) The appellate authority and the Chief Conservator of Forest circle, Sagar, by the order impugned, on 16.08.2013, taking suo moto appeal, after issuing notice to the parties held that the competent authority ordered for releasing the Tractor. The imposition of penalty and compensation has been held to be appropriate but order to confiscated the Tractor.;


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