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2005 Supreme(Bom) 1326

N.A.BRITTO
Pandurang Laxman Naik – Appellant
Versus
State of Goa – Respondent


Judgment

N. A. BRITTO, J.

( 1 ) THE petitioner has invoked writ jurisdiction of this Court to quash and set aside the Judgment/order dated 6-1-2005 of the learned 1st Additional Sessions Judge, Margao, on the ground that the learned 1st Additional sessions Judge, had no jurisdiction to decide the appeal.

( 2 ) SOME facts, in brief, are required to be noted, for the disposal of this petition.

( 3 ) THE petitioner is the owner as well as the driver of a Canter Pickup bearing No. GA-02-T-5440. The said pickup was detained on 24-6-1999 at Bhatpal Check-Post by forest Officials when it was found carrying without any transit pass, Sissum wood namely, 2 round logs and 19 rough fashioned logs. The said vehicle with the said logs was seized by the Range Forest Officer on 25-6-1999.

( 4 ) THE petitioner was prosecuted under the relevant provisions of the Indian Forest act, 1927 (Act, for short) and has been acquitted. The petitioner was issued a show cause notice dated 12-8-1999 by the authorised officer namely, deputy Conservator of Forest, Margao under Section 61 (A), of the said Act, as applicable to the State of goa, to which the petitioner filed a reply dated 20-8-1999 and as the said re

















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