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1991 Supreme(AP) 5

M.JAGANNADHA RAO, P.L.N.SHARMA
Divisional Forest Officer, Adilabad – Appellant
Versus
Laxman Pratap Ray – Respondent


JAGANNADHA RAO, J.

( 1 ) THIS writ appeal is preferred by the Divisional Forest Officer (A. O.), adilabad and another, questioning the judgment of the learned single Judge in W. P. No. 1417/1990. The respondent is the writ petitioner. The writ petition was filed by the respondent questioning the order of the appellant dated 28-10-1989 and the appellate order of the learned District Judge, adilabad dated 16-1-1990 in regard to the confiscation of teak-wood logs and lorry bearing M. P. 20/4717. The lorry was being driven by the owner himself.

( 2 ) ON 8-10-1989 at about 11-30 p. m. the Forest Range Officer, adilabad checked the above said lorry at Mavala check-post and found that the lorry was carrying 17 teak-wood logs measuring 1. 016 cmts. worth rs. 11,176/- without valid permrt, along with masoori dhal of 100 bags. It was then seized under Sec. 44 (2) of the A. P. Forest Act, 1967 (hereinafter called the Act) and produced before the 1st appellant, the Divisional Forest officer, Adilabad (the authorised officer), for inquiry. The said officer gave notice to the writ petitioner who was the owner-cum-driver of the vehicle and ordered confiscation of the teak-wood logs and the lorr





















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