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1985 Supreme(SC) 366

A.P.SEN, D.P.MADAN
Divisional Forest Officer – Appellant
Versus
Gv. Sudhakar Rao – Respondent


Advocates:
A.V.Velayudhan Nair, G.NARASIMHULU, K.PARASARAN ATTORNEY, P.RAM REDDY

JUDGMENT

A. P. SEN, J. :—This appeal by special leave raises a question whether the High Court could have stayed under S. 482 of the Cr. P.C. 1973 the proceedings for confiscation of illicitly felled teak timber trees by the respondents from the reserved forests in Adilabad district, which were seized under sub-s. (1) thereof, pending before the Divisional Forest Officer, Hyderabad who is the Authorized Officer under S. 44(2A) of the Andhra Pradesh Forest Act, 1967 till the disposal of the criminal case pending against him before the Court of XVIIth Metropolitan Magistrate, City Civil Court, Hyderabad for commission of alleged offences punishable under S. 20(1)(c)(iv) and (x) and S. 20(1)(d) read with S. 29(4)(a)(ii) of the Act.

2. First as to the facts. On an information being laid that the respondent G. V. Sudhakar Rao was indulging in widespread illicit felling and removal of teak trees from the reserved forest in Adilabad district, the Forest Range Officer, Flying Squad, Nirmal on July 18, 1982 seized teak timber measuring 42.7 cubic metres valued at Rs. 1,71,000 from the residential house of the respondent under sub-s. (1) of S. 44 of the Act. On July 19, 1982, the Range Office






























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