RAJVIR SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Cr.P.C. being aggrieved by the order dated 25.8.2015 passed by the Ninth Additional Sessions Judge Gwalior in Criminal Revision No. 151 of 2013, whereby the learned ASJ qua revisional Judge has dismissed his revision filed under Section 52-B (M.P. Amendment) of the Forest Act 1927 maintaining the order dated 22.10.2012 passed by the Appellate Authority in Appeal Case No. 2 of 2012 whereby the Appellate Authority had dismissed the appeal filed by the petitioner affirming the order No. /12/C-10 dated 18.6.2012 passed by the Authorized Officer in Forest Case No. 9808/18, whereby the tractor and trolley owned by the petitioner were confiscated along with sand being found in the trolley.

(2.) The facts necessary for adjudication of this petition are given below in brief:-

(3.) Learned Counsel for the petitioner submitted that the petitioner had produced the transit pass dated 30.11.2011 issued by the contractor concerned at the time of confiscation proceedings of the tractor trolley but the Authorized Officer did take it into consideration. Later, the Appellate Authority and the Revisional Judge did take the notice of it during the hearing of the appeal and the revision respectively. He further submitted that the tractor trolley could be confiscated unless and until the driver of the tractor-trolley is held guilty of the offences under which he has been booked by the court of competent jurisdiction. Upon these submissions, he prayed for setting-aside the orders passed by the learned Revisional Judge, the Appellate Authority and the Authorized Officer, releasing of the tractor-trolley from the confiscation and giving him on interim custody on supurdginama till the delivery of final decision of the court concerned in the case.