This writ petition is filed praying for quashing and setting aside the order passed by the Sub-Divisional Forest Officer, Shahada, Dhule district dated 29th June, 1995 and the order passed by the Conservator of Forest dated 16th September, 1995 confiscating the Tractor and Trolley, as well as to quash and set aside the order passed by the Additional Sessions Judge at Nandurbar dated 4.4.1996 in Criminal Appeal No.52 of 1995.

2. The facts, as disclosed in the petition, are as under:

The petitioner no.1 is the owner of one Tractor bearing No.MH-18-A-9887 and trolley No.MH-18-A-8702. The petitioner had purchased the said tractor after obtaining loan from Shri. Annasaheb P.K. Patil Sahakari Patpedhi Maryadit Lonkheda Tq.-Shahada, Dist.-Dhule. The said amount of loan was to the tune of Rs.1,90,000/-, after the purchase of the tractor the petitioner no.1 started the business of letting the tractor and to give it on hire basis. Her husband, who is petitioner no.2 was looking after and supervising the work done by the driver of the tractor and also he was to look after the maintenance of the tractor.

3. It is the case of the petitioners that prior to 28th March, 1995 and on 28th March, 1995 also the tractor and trolley were hired by the Pravin Majoor Society Ltd., Anjanbhir, Tq.Shindkheda for the purpose of carrying the drums containing water and material, etc. in the trolley for the construction of the road between village Genda to Bilgaon, Tq.Dhadgaon. It is the case of the petitioners that both of them are residing at Dhadgaon. On 28th March, 1995 both the petitioners were at Dhadgaon and the driver of the tractor along with tractor was working at the site of the road. The said tractor and the trolley have been seized by the Forest Officer on 28th March, 1995. It is alleged that in the said tractor 39 wooden logs were being taken. It is also alleged that the said wood was illegally cut from the forest. The tractor, trolley and the wooden logs were seized. It was further alleged that the driver, employed by the petitioners, namely, Raghunath Mali was driving the tractor at the relevant time. The said tractor along with wooden logs was brought to Dhadgaon and the panchanama was drawn at Dhadgaon on 29th March, 1995.

4. It is the case of the petitioners that the driver of the tractor was called upon to submit his say by the authorities by issuing notice dated 16.5.1995. Accordingly, in pursuant to the said notice, driver, namely, Raghunath Mali submitted his reply to the Authorised Officer, Dhule stating therein that he was threatened by 15 to 20 persons at Bilgaon and asked to accompany with the tractor to Dedanpada as Abala Pundya Pawara was to bring the wooden longs from Dedanpada to Bilgaon. The said Abala Pawara and 15 others had threatened the driver Raghunath Mali that they will assault him and kill him and under the coercion he took the tractor and trolley to Dedanpada and thereafter while returning back the tractor was seized. In reply filed before the authority, Raghunath further stated that, for one week he was at village Bilgaon. He had come to know about illegal activities (Gundgiri) of Abala Pawara. It is specifically contended in the reply that the owner of the tractor was not aware of the incident nor he could inform the owner about the incident. The copy of the said reply is relied by the petitioners in support of their contention.

5. It is further case of the petitioners that, the Forest Officer has recorded the statement of Abala Pawara on 7.4.1995. The said Abala Pawara has stated that he had a talk with the driver of the tractor about the logs and from the said statement of Abala Pawara also no knowledge of the alleged commission of the offence can be attributed to the petitioners. The petitioners have placed on record the statement of said Abala Pawara dated 7.4.1995.

6. It is further case of the petitioners that the Authorised Officer and Sub-Divisional Forest Officer, Shahada were pleased to pass an order