G.B.PATTANAIK, K.RAMASWAMY, K.VENKATASWAMI
State Of M. P. – Appellant
Versus
Swaropchandra – Respondent
ORDER
This appeal by special leave arises from the judgment of the Division Bench of the Madhya Pradesh High Court made on 31st March, 1983 in Misc. Petition No. 203 of 1983.
2. The admitted facts are that since the truck bearing No. 9493 was found carrying 22 logs of timber on October 4, 1983 without permit, it was seized on the said date by the Divisional Forest Officer under the M.P.Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969, No.9 of 1969 (for short, the Act ). On October 5, 1983, a notice was issued to the driver of the truck whether he was willing to have the offence compounded. The truck was valued at Rs.70,000/-. The driver consented to the compounding of the offence and paid a sum of Rs.1,000/-. After following the prescribed procedure, by impugned order, the truck was confiscated as the value thereof was not paid. The respondent challenged the power of seizure in the writ proceedings in the High Court. The High Court held that the Act did not provide the power of confiscation of the truck under Section 19(1)(b) of the Act. By operation of Section 22 of the Act, the Central Forest Act, 1927 as amended by the State Amendment Act 9 of 1965 (for short, the Forest Act ) is
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