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2021 Supreme(Guj) 76

A.P.THAKER
Mahendra Vishram Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Adil R Mirza, adv.
For the Respondent: Ms. Maithili Mehta, Adv

ORDER :

1. This petition is filed under Article 227 of the Constitution of India whereby the petitioner is challenging the order passed by the Dy. Conservator of Forest (North), Valsad whereby the respondent No.2 vide order dated 27.3.2017 directed that the vehicle being Truck bearing registration no. GJ15XX6519 be vested with the State as per the provisions of Section 61(f) of the Indian Forest Act, 1927 and the decision of the learned Sessions Court Valsad, passed in Criminal Appeal No. 32 of 2017 (hereinafter referred to as 'the Act').

2. The brief facts giving rise to present petition is that the petitioner had purchased the vehicle being Truck bearing registration no. GJ15XX6519 from the respondent no.3 by executing one agreement to the said effect dated 9.9.2016. However, the said Truck was not transferred in the records of RTO in the name of the petitioner. The said vehicle was seized by Respondent no.2 when the same was parked loaded with forest product viz. Khair logs which were illegally cut from the forest. According to Respondent No.2, the First Offence Register i.e. FOR was registered on 8.10.2016 and the statement of the petitioner was recorded on 7.10.2016 and pursuant

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