H.W. Dhabe, J. - This Writ Petition is directed against the orders of confiscation of the truck belonging to the petitioner on the ground that it was engaged in transporting illegally cut timber from the forest land belonging to the Government which is an offence under Section 41 of the Indian Forest Act, 1927.

2. The facts are that according to the respondent, an anonymous complaint was received by the Conservator of Forests, Nagpur Circle, Nagpur from a citizen from village Gothangaon, District Bhandara on 21-3-1988 in which it was stated that a truck bearing No. M.T.G.-1592 was active in the vicinity of village Adegaon and was being used by some contractor who was indulging in illicit felling of forest trees in that area. It was further stated in the complaint that the said truck came to village Adegaon every night at about 10-10 p.m. and would go to the forest and after loading the timber obtained from illicit felling in the forest, it would return to Adegaon around 12.30 A.M. at the same night. It was then stated that due to the activities of the aforesaid truck, the Government was suffering huge losses.

3. After receiving the complaint, the conservator or Forests directed Dy. Conservator of Forests Planning and Shri S.W.H. Naqvi, Dy. Conservator of Forests (Tendu), both from his office to carry out patrolling in the area around Adegaon and conduct an enquiry and report their findings regarding complaint to him. As per the instructions issued to them, the Deputy Conservator of Forests Shri Chandekar and Shri S.W.H. Naqvi patrolled the area around Adegaon at night on 22-3-1988. They stayed at Adegaon for some time, but could not detect any offence as was alleged in the complaint. However, after about 10 days, at night on 1-4-1988, Shri Naqvi, Dy. Conservator of Forests (Tendu) went for patrolling in the area around Adegaon. At about 12.00 A.M. at night, he came to Adegaon and when he was talking to local villagers to collect some information, he found that a jeep No. M.R.G.-2046 was parked at Adegaon. On enquiry, he learnt that the jeep belonged to the petitioner who was said to be a forest contractor. He then also learnt that the petitioner had come to the village Adegaon by the said jeep. After some time, i.e. around 12.30 a.m. on 2-4-1988, he noticed that a truck arrived at the village Adegaon. He stopped the truck and on checking he found that a big timber log of Anjan species was kept in the truck. On further enquiry, he also found that the said timber was being brought without any valid transit pass which is required under Section 41 of the Forest Act. An offence under Section 41 of the Forest Act was therefore registered against the truck owner as well as its driver.

4. After the offence was registered under Section 41 of the Forest Act, the truck along with the timber log loaded in it was seized under Section 52 of the Forest Act. The relevant enquiry shows that the truck belonged to the petitioner and the name of the driver was Deorao Disharam Wadave. After following the usual procedure of making panchanama etc., the further investigation revealed that the log of wood was from field survey No. 19 of village Gothangaon and that one Gajanan the brother of Bhimrao whose statement was recorded, had hired the said truck for carrying the log of wood. All the papers of enquiry were forwarded to the Authorised Officer under Section 61-A of the Forest Act, who on their perusal found that there was a case for confiscation of the truck in question belonging to the petitioner under Section 61-A and 61-B of the, Forest Act.

4A. The said Authorised Officer therefore issued show cause notice to the petitioner under Section 61-B of the Forest Act as to why his truck which was seized should not be confiscated. After giving an opportunity to the petitioner of being heard and on the basis of the material; on record, the learned Authorised Officer came to the conclusion that the petitioner had been indulging in i