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2007 Supreme(Kar) 281

S.ABDUL NAZEER
K. EKAMBARAM REDDY – Appellant
Versus
DEPUTY CONSERVATOR OF FOREST, BANGALORE URBAN DIVISION, BANGALORE – Respondent


Advocates appeared
Sri Vivek S. Reddy, Advocate for Petitioner;
Sri M.B. Prabhakar, Additional Government Advocate for Respondents.

ORDER

In this case, the petitioner has assailed the validity of the order passed by the 1st respondent dated 29-11-2006 in FOC No. 32/2006-07 whereby and whereunder the 1st respondent has imposed certain conditions for release of the vehicle bearing No. KA-53-711 (a tipper) in his favour.

2. Petitioner is the owner of the aforesaid vehicle. It is the case of the petitioner that he is engaged in the business of transportation of waste mud and sand on contract basis. On the request of the customers, he transports the mud and sand from one place to another place. One Narayan Raju, a contractor hired the vehicle of the petitioner for transportation of mud and sand from the surroundings of I.T.C. Company to Palace Ground, Bangalore. On 20-7-2006 at about 12.10 P.M. while the vehicle of the petitioner was transporting the mud and sand, certain officials of the Forest Department seized the vehicle alleging that the vehicle was involved in commission of certain offences.

Petitioner has produced a copy of the FIR at Annexure-B, mahazar at Annexure-C and seizure report at Annexure-D. It is the case of the petitioner that he has borrowed loan from a financial institution for the purpose of purch


















































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