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2005 Supreme(Bom) 1249

J.N.PATEL, R.C.CHAVAN
SARDARKHAN s/o KHALILKHAN PATHAN – Appellant
Versus
RANGE FOREST OFFICER, YAVATMAL – Respondent


Judgment

R. C. HAVAN, J.

( 1 ) BY this petition, the petitioner challenges the appellate order passed by the learned Additional Sessions Judge, Pusad, upholding the order of Authorised Officer confiscating the tractor and trolley belonging to the petitioner.

( 2 ) FACTS, which led to the eventual filing of this petition, are as under :

( 3 ) ON 19-7-1999, two bullock-carts loaded with teakwood were intercepted by the Range Forest Officer, Bittargaon. They were seized by him and a forest offence was registered. The persons, who were accompanying the carts and teakwood, were arrested. Their statements were recorded. In the course of investigation, statements of three more persons were recorded on 23-8-1999 and the spot from where teak trees had been cut, was seen. The investigation revealed that the trees cut from that spot were loaded in tractor bearing registration No. MH 26 C 1973 and trolley bearing registration No. MH 26 C 8380 belonging to the petitioner. The tractor and trolley were accordingly seized.

( 4 ) ON 26-10-1999, the Forest Officer made a report to the Authorised officer for confiscation of the tractor and trolley along with other articles. The authorised Officer issue













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