1. - This criminal misc. petition has been filed under Section 482 Cr.P.C. for quashing FIR No.166/2014, registered at Police Station - Masalpur, Karauli for the offence under section 30/33 of the Rajasthan Forest Act, 1953 and section 2(ii) of the Forest (Conservation) Act, 1980.

2. It is stated that on information received by the police, L&T machine and Trola No. RJ 05 GA 1837 were seized by the police from forest area. They were used for excavation of mineral. On reaching the police party, persons run away.

3. It is submitted that petitioner is the registered owner of the L&T machine. The trola was purchased by him from its registered owner under agreement dated 11.3.2013. Both the vehicles were not used for taking any forest produce. The offence is not punishable beyond a period of three years thus FIR is not sustainable. The offence under sections 30 and 33 of the Forest Act is non-cognizable thus investigating agency cannot proceed with the FIR. The prayer is to drop the proceedings by quashing FIR.

4. Be that as it may, FIR has been registered for offence under sections 30 and 33 of the Act of 1953 and section 2(ii) of the Forest (Conservation) Act, 1980. Section 30 of the Act gives power to the State Government to issue notification prohibiting quarrying of stone or burning of lime etc and penalties for the acts in contravention of such notification or the rules made under section 32 of the Rajasthan Forest Act, 1953. Section 30, 32 and 33 of the Rajasthan Forest Act, 1953 are quoted here as under -

30. Power to issue notification reserving trees etc.- The [State Government ]may, by notification in the [Official Gazette] -

(a) declare any trees or class of trees in a protected forest to be reserved, from a date fixed by the notification;

(b) declare that any portion of such forest specified in the notification shall be closed for such term, not exceeding thirty years, as the [State Government] thinks fit, and that the rights of private persons if any, over such portion shall be suspended during such term, provided that the remainder of such forest be sufficient and in a locality reasonably convenient, for the due exercise of the rights suspended in the portion so closed; or

(c) prohibit, from a date fixed as aforesaid, the quarrying of stone or the burning of lime or charcoal or the collection or subjection to any manufacturing process, or removal of, any forest produce in any such forest and the breaking up or clearing for cultivation, for building, for herding cattle or for any other purpose, of any land in such forest.

32. Power to make rules for protected forests - The [State Government] may make rules to regulate the following matters, namely :

(a) the cutting, sawing, conversion and removal of trees and timber and the collection, manufacture and removal of forest produce, from protected forests:

(b) the granting of licences to the inhabitants of towns and villages in the vicinity of protected forests to take trees, timber or other forest produce for their own use, and the production and return of such licences by such persons;

(c) the granting of licences to persons felling or removing tress or timber or other forest produce from such forests for the purposes of trade, and the production and return of such licences by such persons;

(d) the payment, if any, to be made by the persons mentioned in clauses (b) and ( c) for permission to cut such trees or to collect and remove such timber or other forest produce;

(e) the other payments, if any to be made by them in respect of such trees, timber and produce, and the place where such payment shall be made;

(f) the examination of forest produce passing out of such forests;

(g) the clearing and breaking up of land for cultivation or other purposes in such forests;

(h) the protection from fire of timer lying in such forests and of trees reserved under section 30;

(i) the cutting of grass and pasturing of cattle in such forest;

(j) hunting, shooting, fishing, poisoning water and set