Back
IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
M.A.CHOWDHARY
Mohd. Ashraf Dar S/o Mohd. Shaban Dar – Appellant
Versus
State (Now UT) of Jammu and Kashmir – Respondent
JUDGMENT :
M.A. CHOWDHARY, J.
1. The petitioners, through the medium of this petition, inter alia, have prayed for the following reliefs:
(i) Commanding the respondent no.2 & 3 to release the trucks/vehicles No.JK013B-4498, JK03B-9023 and JK13A-4510 in favour of petitioners subject to any condition this Court may deem fit and proper;
(ii) Commanding on the respondents to pay the damages to the petitioners as compensation for keeping the aforesaid Trucks in their custody without any right or reason;
(iii) Any other order which this Court may deem fit and proper in the circumstances of the case may also be passed in favour of the petitioners.”
2. Facts giving rise to the filing of this petition, briefly stated, are that the trucks bearing Nos. JK03B-9023, JK13A-4510 & JK13B-4498 owned by the petitioners were seized by the Forest Protection Force (FPF) Jammu on 07.02.2012 at about 8.30 PM at National Highway Bye Pass Road near Sidhra Bridge Jammu, loaded with unfinished willow clefts, being driven without seeking due permission as provided under Section 3 of Willow (Prohibition on Export) Act; that Forest Protection Force (FPF), Jammu seized the said trucks under Sections 6, 13, 16 & 39 of
Point of Law : 18. Vehicle seized for committing forest offence was not normally to be released to party till culmination of all proceedings in respect of forest offence as particular approach in mat....
Confiscation under the Orissa Forest Act requires proof of a forest offence and adherence to procedural safeguards, failure of which invalidates the confiscation order.
Transit of forest-produce beyond pass validity constitutes forest-offence mandating confiscation of produce/vehicle; strict compliance essential as deterrent to deforestation, liberally construed for....
Confiscation of forest produce is discretionary and must consider circumstances affecting its necessity.
Point of Law : 19. Vehicle seized for committing forest offence was not normally to be released to party till culmination of all proceedings in respect of forest offence as particular approach in mat....
Point of law : Recording of reasons by an administrative or Quasi-judicial authority serves a salutary purpose, namely, it excludes chances of arbitrariness and ensures a degree of fairness in the pr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
