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SUPREME COURT OF INDIA
ASSISTANT FOREST CONSERVATOR
Vs.
SHARAD RAMCHANDRA KALE
Decided on November 27, 1997
Confiscation - Forest Offence - Knowledge of Owner
Fact of the Case:
The respondent's truck was ordered to be confiscated for involvement in a forest offence. The High Court set aside the confiscation order, stating that the authorities failed to establish the owner's knowledge of the truck's potential use for carrying forest produce in contravention of the Forest Act.
Finding of the Court:
The High Court found that the authorities failed to prove the owner's knowledge of the truck's potential use for carrying forest produce in contravention of the Forest Act, based on the evidence on record.
Issues: The issue was whether the owner had knowledge that the truck was likely to be used for carrying forest produce in contravention of the Forest Act.
Ratio Decidendi: The court's decision was influenced by the lack of evidence establishing the owner's knowledge of the truck's potential use for carrying forest produce in contravention of the Forest Act.
Final Decision: The appeal was dismissed, upholding the High Court's decision to set aside the confiscation order.
( 1 ) THIS appeal is filed against the judgment and order of the Bombay High Court in Writ Petition No. 104 of 1988.
( 2 ) THE truck of the respondent was ordered to be confiscated by the Assistant Conservator of Forest, as it was found involved in commission of a forest offence. That order was confirmed by the Conservator of Forest. Against his order, the respondent preferred an appeal to the Sessions Court but it was dismissed. Therefore, he approached the High Court with a petition under Article 227 of the Constitution. The High Court set aside the order of confiscation on the ground that the authorities had failed to establish that the owner of the truck had any knowledge that his truck was likely to be used for carrying forest produce in contravention of the provision of the Forest Act. This finding was based upon the evidence on the record. Therefore, we do not consider it proper to interfere with such finding.
( 3 ) WE, therefore, dismiss this appeal. Appeal dismissed.
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